Digital Commons Network^™

Contract Or Prison, Sadie Blanchard

Journal Articles

Critics of the criminal enforcement system have condemned the expansion and privatization of electronic monitoring, criminal diversion, parole, and probation. But the astonishing perversion of contract involved in these new practices has gone unnoticed. Governments are turning to “offender-funded” programs that empower firms to contract with people who are suspected of or have been convicted of crimes— and whose alternative to agreeing to these contracts is prosecution or incarceration. Though incarceration-alternative (IA) contracting is sometimes framed as humane, historical and current context illuminates its coercive nature. IA contracting must be examined under classical contract theory and in light of the …

The Purpose Of The Preliminary Injunction, Samuel Bray

Journal Articles

This Article explores a reshaping of the preliminary injunction that is occurring in the federal courts. A preliminary injunction is designed to be a "hold in place" order, blocking actions by the parties that would undermine the efficacy of the court's remedial options. But the preliminary injunction is becoming a device for accelerating the merits decision. Instead of a four-factor test for preliminary relief, increasingly there is one factor: the merits. This Article critiques this transformation, and it argues that the preliminary injunction should be recentered on the protection of the court's remedial options.

Parental Rights, Parental Choice, And State Public Education Mandates, Nicole Stelle Garnett

Journal Articles

Pierce v. Society of Sisters and Meyer v. Nebraska were cases about parental rights in general, and parental choice in particular. Both centered on a challenge to a state's legal effort to reduce or eliminate the educational choices available to parents-in the former, by requiring students to attend public schools, in the latter, by requiring instruction in all schools, public and private, be conducted in English. Pierce and Meyer also were about state efforts to forge a homogeneous American citizenry by limiting the educational choices available to parents. As Justice McReynolds observed in Meyer, "The desire of the Legislature to …

Going En Banc, Randy J. Kozel

Journal Articles

This Article examines the law of en banc review in the federal courts of appeals. It explores key doctrinal questions and advances a theory that maintains the primacy of three judge panels by focusing the en banc process on a specialized set of institutional tasks.

Gerard V. Bradley And The American Law Of Church And State, Richard W. Garnett

Journal Articles

This paper provides an overview and appreciation of Prof. Gerard V. Bradley’s scholarly contributions to the American constitutional law of church and state. The Supreme Court of the United States has, in recent years, handed down a number of closely watched and much-remarked-on rulings in cases involving the First Amendment’s Religion Clause and various religion-related statutes. The Court has moved the law of religious freedom and church–state relations toward coherence and clarity, and better aligned it with American history, tradition, and practice, and with an appropriate understanding of judges’ capacities and of the judicial role in a democracy. It appears …

Shortcomings Of Law School And Big Law, Julian Velasco

Journal Articles

This paper, presented as part of a colloquium on  Lawyers and Their Institutions, considers two important institutions — law schools and "big law," especially transaction practice at elite law firms — and argues that they exert a problematic influence on developing attorneys by inculcating opposing types of disrespect for the law. First, the process of legal education often suggests that the law is fundamentally indeterminate. Second, big law tends to suggest to junior associates that law is largely irrelevant. Such misunderstandings can result in a misconception of the purpose of law and give a false impression of the lawyer's …

Proteomics Profiling Of Research Models For Studying Pancreatic Ductal Adenocarcinoma, Mathilde Resell, Hanne-Line Rabben, Animesh Sharma, Lars Hagen, Linh Hoang, Nan T. Skogaker, Anne Aarvik, Eirik Knudsen Bjåstad, Magnus K. Svensson, Manoj Amrutkar, Caroline S. Verbeke, Surinder K. Batra, Gunnar Qvigstad, Timothy C. Wang, Anil Rustgi, Duan Chen, Chun-Mei Zhao

Journal Articles: Biochemistry & Molecular Biology

Pancreatic ductal adenocarcinoma (PDAC) remains one of the most lethal malignancies, with a five-year survival rate of 10-15% due to late-stage diagnosis and limited efficacy of existing treatments. This study utilized proteomics-based systems modelling to generate multimodal datasets from various research models, including PDAC cells, spheroids, organoids, and tissues derived from murine and human samples. Identical mass spectrometry-based proteomics was applied across the different models. The preparation and validation of the research models and the proteomics were described in detail. The assembly datasets we present here contribute to the data collection on PDAC, which will be useful for systems modelling, …

Comparative Diagnostic Accuracy Study Of Point Of Care Ultrasound Techniques For Detection Of Left Atrial Enlargement By Hospital Medicine Physicians From Archived Echocardiogram Images, Christopher J. Smith, Jesse Umbra, Sofia Quintero, Austin Wilson, Elizabeth Lyden, Nidish Tiwari, Brian Shahan, Jana L. Wardian

Journal Articles: Hospital Medicine

BACKGROUND: Left atrial enlargement (LAE) is predictive of cardiovascular morbidity and mortality. Prior studies of point-of-care ultrasound (POCUS) interpretation methods for identifying LAE utilized older echocardiographic reference ranges.

OBJECTIVES: Compare the test characteristics of hospitalist-performed POCUS techniques for identifying LAE as compared to contemporary echocardiographic reference ranges.

METHODS: Fully paired, comparative diagnostic accuracy study of two index tests applied to archived echocardiogram images: visual assessment of the left atrium to aorta diameter (LAE sign) and left atrial (LA) anteroposterior diameter >4 cm in the parasternal long axis view. The reference test was moderate to severe LAE by echocardiography-derived left atrial …

The Gospel According To Matthew: Emphasizing Jesus’ Character In Us & His Mission Through Us, Mark E. Killam

Academic Books

No abstract provided.

Body Composition In Preterm Infants: Current Insights And Emerging Perspectives, Sreekanth Viswanathan, Melissa Thoene, Zaineh Alja'nini, Pradeep Alur, Kera Mcnelis

Journal Articles: Pediatrics

In recent years, significant advancements in respiratory and nutritional care have markedly improved the survival rates of preterm infants and enhanced long-term health outcomes. Despite these improvements, emerging research highlights the lasting impacts of early growth patterns on an individual's health trajectory. Adults born prematurely face a higher incidence of health issues related to their early birth. The American Academy of Pediatrics recommends that preterm infants should achieve growth rates similar to those of fetuses, with clinicians emphasizing nutrition delivery to help these infants reach their expected weight for gestational age. However, this approach often results in altered body composition, …

Postnatal Growth Assessment Of The Very-Low-Birth-Weight Preterm Infant, Kera Mcnelis, Melissa Thoene, Katie A. Huff, Ting Ting Fu, Zaineh Alja'nini, Sreekanth Viswanathan

Journal Articles: Pediatrics

Preterm birth represents a nutritional emergency and a sudden dissociation of the maternal-placental-fetal unit that regulates metabolic and endocrine physiology. Growth demonstrates health and is a signal of physiological well-being. Growth is expensive for a critically ill infant and possible only after other homeostasis energy demands are met. Despite an expert-stated goal that preterm infants should grow at a similar rate to their gestational age-matched fetal counterparts, this is not the reality for many preterm infants. Other investigators have proposed new metrics for growth quality in the neonatal intensive care unit. This review discusses growth assessment and standards in very-low-birth-weight …

The Big Four [Accounting] Law Firms: It's Past Time For The Practice Of Law To Get In The Game, Edward S. Adams, John H. Matheson

Articles

New legal services models like ABSs and accommodations like UPL waivers provide multiple positive outcomes. These business structures increase access to legal services, particularly for low and middle-income individuals who are currently priced out of them. By allowing these services to be conducted by nonlawyers, the current supply gap could be closed or completely eliminated. Also, the increased pressure on law firms from corporations and ABSs promotes free market competition. Law firms will be forced to either find a way to differentiate their expertise and services or face a serious threat due to the rejection of the traditional billable hour …

Cook Martin Poulson, P.C. V. Daniel G. Smith, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Reply Brief of Appellant
/="/"> On appeal from the Second Judicial Court, Weber County,
/="/"> Honorable Cristina Ortega, District Court No. 220903740

From Personal To Institutional: The Struggle Of Maintaining Community Archives, Zack Kreines , '25

Senior Theses, Projects, and Awards

No abstract provided.

Tortious Interference Revisited, Danielle D'Onfro, Cathy Hwang

Scholarship@WashULaw

Tortious interference with contract has bedeviled legal commentators for over a century. It can provide relief in some situations where straightforward contract breach cannot reach. But these claims have also been derided for threatening competition, at-will employment, free speech, and important guardrails on other private law claims. The doctrine is also difficult to square with theories of efficient contract breach and the long-held view that contracts on their own are not property interests.

Perhaps because of its intellectual awkwardness, tortious interference claims were relatively rare until the twenty-first century. In the last twenty years, the doctrine has exploded in popularity, …

The Other Delaware Effect, Jens Frankenreiter

Scholarship@WashULaw

This paper examines the effects of Delaware’s 2015 ban on fee-shifting provisions in corporate charters and bylaws, a significant legislative intervention in corporate law aimed at curbing managerial powers. The Delaware Supreme Court had approved these provisions just one year earlier as part of a series of measures aimed at curbing shareholder litigation. Because of their perceived substantial potential to reduce wasteful litigation, the Delaware legislature’s ban led many to predict an exodus of corporations from Delaware and the continued spread of fee-shifting provisions in other states.

Contrary to these predictions, this study finds that the ban did not trigger …

Algorithmic Governance And Nondiscrimination Rights In The Workplace, Pauline Kim

Scholarship@WashULaw

This chapter analyzes existing legal responses to the problem of discriminatory algorithms in the workplace. As firms increasingly rely on algorithms or automated decision systems, a type of artificial intelligence, to manage their workforces, concerns have grown that these tools can systematically exclude historically disadvantaged groups. One response is to rely on traditional anti-discrimination law. These laws clearly prohibit certain forms of algorithmic discrimination; however, the complex, opaque nature of algorithms makes identifying and proving discriminatory harms challenging. Another response looks to broader frameworks of data protection and algorithmic regulation to protect against workplace discrimination. These initiatives are promising, but …

Disentangling Safety And Accountability In Criminal Justice Policy, Benjamin Levin

Scholarship@WashULaw

In this Article, I argue that the U.S. criminal system and debates about criminal justice reform reflect an elision of two largely distinct social functions: ensuring public safety and imposing accountability for harmful conduct. Despite deep disagreement about the specifics, most commentators seem to accept that these are both important social functions. Abolitionists claim that the criminal system doesn’t keep people safe and provide accountability. Instead, it harms—and perhaps is meant to harm—people from marginalized communities and protects the interest of socially dominant groups. Reformers contend that the criminal system can and should serve the safety and/or accountability interests, but …

Abolish What?, Benjamin Levin

Scholarship@WashULaw

From leading academic journals to popular press outlets, abolitionist activism and scholarship have earned airtime in national debates about criminal justice reform. But what is "abolition?" When scholars, lawyers, and activists talk about abolition, they seem to mean very different, even conflicting, things. In this Essay, I focus on a core question that might divide different abolitionists-and different critics of abolition: what is to be abolished? Abolitionists argue that it's critically important to abolish something, while critics of abolition insist that something is necessary to a well-functioning society. Yet, it's not always clear what that something is-both for abolitionists and …

Measuring Income And Income Inequality, Conor Clarke, Wojciech Kopczuk

Scholarship@WashULaw

Income inequality is important, but attempts to measure it arrive at strikingly different conclusions. Why? We use recent disputes over measuring United States income inequality to return to first principles about both the income concept and inequality measurement. We emphasize two broad points. First, no measure of the income distribution is truly comprehensive, or could attempt to be comprehensive without making controversial choices. We document the practical and conceptual problems that the standard ideal—comprehensive Haig-Simons income—raises. Second, much of the controversy in this area turns on the many tradeoffs between starting with individual tax data versus more expansive income concepts. …

Child Abuse By Serious Emotional Damage: An Invitation For Repulsive Arguments, George Sparks Bennett

Campbell Law Review

The purpose of this Comment is to call attention to the need to eliminate the definition of "serious emotional damage" as defined in North Carolina General Statutes section 7B-101(1)(e). This Comment uses a recent case from the North Carolina Court of Appeals and the ensuing denial of a petition for discretionary review by the Supreme Court to highlight how the statute invites parents to argue, in matters as sensitive and awful as child abuse, that the emotional damage inflicted upon a child is not severe enough. This Comment discusses the procedural processes for investigating instances of reported child abuse and …

Affirming Independent Judgment: The End Of Agency Deference In North Carolina, Jake Parker

Campbell Law Review

In the summer of 2024, the Supreme Court of the United States overturned the Chevron doctrine, which required federal courts to defer to agency interpretations of ambiguous statutes. While the debate about agency deference in federal litigation generated significant attention in the legal community and from media outlets, the use of agency deference in state courts has received relatively little fanfare. This Article examines how the concept of agency deference entered North Carolina's administrative law jurisprudence and the North Carolina Supreme Court's recent efforts to reject the use of deference in the state's courts. This Article supports the court's project …

Fiduciary Ecosystems: Benefit Corporation Shareholder And Statutory Duties, Jeff Lingwall, Susan Park, Emily Klick

Campbell Law Review

This Article examines fiduciary duties in benefit corporations and explores how shareholders, corporate boards, and courts might view the potential conflict between traditional shareholder-centric duties and statutory requirements to consider additional interests in corporate decision-making. To clarify conflicting views in the literature on benefit corporations, we distinguish between the depth of ethical analysis required by corporate boards and the breadth of actions boards may take to follow the conclusions of that analysis without risking fiduciary liability. Using a lens of transaction cost limitations on historical agency doctrines, we differentiate between often overlooked general (shallow) delegation of ethical duties in traditional …

Samuel Williston And The Restatement Of Contracts: How The Formalism Of Classical Legal Thought Modernized Contract Law, Daniel P. O'Gorman

Campbell Law Review

No abstract provided.

Incitement, Enthusiasm, And The Dangers Of Negligent Protest, John D. Inazu

Scholarship@WashULaw

This Article explores the murky line between protected speech and assembly on the one hand, and harmful incitement on the other. On the occasion of the 100th anniversary of Oliver Wendell Holmes’s dissent in Gitlow v. New York, it explores Holmes’s famous dictum that “every idea is an incitement” as a conceptual starting point. By analyzing the relational and temporal dynamics between speaker and listener, the Article highlights how meaning and effect are often shaped by the listener’s agency and other circumstances beyond the control of the speaker. Two contemporary cases illustrate these dynamics. The first is the Fifth Circuit …

Ai Ethics, Law, And Policy, Pauline Kim, Ryan Durrie

Scholarship@WashULaw

AI technologies promise many benefits, but they can also have significant negative impacts on human health, safety, well-being, and fundamental rights. This chapter explores the different governance tools that have been considered for guiding developments in AI in socially beneficial ways, examining the relevance of ethics, law, and policy. Each of these approaches offer tools to address these concerns; however, each has limitations, and none provides a complete solution in itself. Statements of ethical principles can articulate high-level values and goals to guide behavior but are usually quite vague and difficult to operationalize. They also lack any enforcement mechanism. In …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …

Brief For Tax Law Professors As Amici Curiae In Support Of Petitioners In Learning Resources (No. 24-1287) And Respondents In V.O.S. Selection (No. 25-250), Conor Clarke, Jon Endean, Ari Glogower, Daniel J. Hemel

Scholarship@WashULaw

The Constitution gives Congress, and not the President, the authority to “lay and collect Taxes, Duties, Imposts, and Excises.” The Constitution also mandates that revenue measures begin in the House of Representatives, requires that such measures be geographically uniform, and prohibits the states from imposing import duties without congressional consent. Read together with Article I’s vesting of “all legislative Powers” in Congress and the familiar requirements of bicameralism and presentment, these provisions reflect a recurring constitutional commitment: Tariffs are national and legislative—and thus to be determined by a representative Congress.

History bolsters these textual commitments. State conflict over import duties …

The Original Function Of Tax Apportionment, Conor Clarke, Peter J. Wiedenbeck

Scholarship@WashULaw

The Constitution’s requirement that direct taxes be apportioned by state population is both confounding and important. At best, tax apportionment is regarded as reflecting the unique federalism concerns of the Founding; at worst, it is viewed as a tainted product of the constitutional compromise over slavery. And, in light of the Supreme Court’s decision in Moore v. United States (2024)—which refused to rule out that apportionment might be required for taxes on unrealized gains—tax apportionment is the subject of renewed legal and scholarly interest.

We consider one historical dimension of tax apportionment that has not been developed elsewhere: its original …

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

Scholarship@WashULaw

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …