Digital Commons Network^™

Undercover Investigations, Deception, And Democracy, Helen Norton

Publications

No abstract provided.

Tribal Health Self-Determination: The Role Of Tribal Health Systems In Actualizing The Highest Attainable Standard Of Health For American Indians And Alaska Natives, Vanessa Ann Racehorse

Publications

In this Article, I explore the concept of Tribal self-determination in the context of systems that serve American Indian and Alaska Native communities. I investigate the vast health disparities that exist in Tribal communities, as well as the history and current legal framework for the provision of health care in Indian Country. Part of this discussion also provides information on the federal laws and policies that have fractured the traditional lifeways of Native communities and contributed to the disparate health outcomes that now exist. I also provide background on the fundamental federal laws and policies, particularly the Indian Self-Determination and …

From Gods To Google, Rebecca Aviel, Margot Kaminski, Toni M. Massaro, Andrew Keane Woods

Publications

The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court's deregulatory turn in free-speech law. But the Lochnerization story is incomplete. The Court's profound solicitude for religious speakers plays a central role in the current digital-free-expression landscape. By protecting the speech of certain religious dissidents, the Court has created a set of constitutional entitlements that logically extend to technology firms. Along the way, the Court has eroded its ability to apply the First Amendment sensibly to novel technologies.

This Feature draws the doctrinal through line from gods to Google. We …

A Transformational Agenda For National Security, Maryam Jamshidi

Publications

Past efforts to "reimagine" national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national security. This Article presents an agenda for reimagining national security through legal scholarship, which is premised on the view that challenging the national security status quo should be part of those efforts. In doing so, this agenda explores seven premises central to how U.S. national security is currently conceived of, practiced, and implemented. Moving …

What Copyright Can't Do, Blake Reid

Publications

Copyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. Copyright law's powerful remedies are now positioned to intervene in a wide range of everyday activities. As a result, scholars, policymakers, and advocates have increasingly called for modifying and applying U.S. copyright law to solve a wide range of public policy problems, from vindicating disability rights to protecting privacy to promoting competition among wireless carriers.

But …

Public Patent Powers, Laura E. Dolbow

Publications

Congress has created multiple structures for agencies to control how patents are used, but that institutional design choice has received little academic attention. This Article provides the first comprehensive survey of existing laws that expressly authorize agencies to control patents. I locate 113 express conditions across 68 laws that expressly authorize executive actors to make some form of decision about patents. These powers, which I refer to as “public patent powers,” allow the government to use patented inventions, to obtain patents, to authorize third parties to use patented inventions, and to regulate how patents are used. Agencies have used many …

Contesting "Address": Conflicts Over The Words We Use To Address And Refer To Each Other, Helen Norton

Publications

Professor Richard Brooks's generative insights provide us with valuable tools for recognizing, and trying to make sense of, address's role in human interactions. That "address"--the words we use to address and refer to each other--has the potential both to offer value and to inflict harm to these interactions sometimes triggers conflict over appropriate forms of address. In this Commentary to Professor Brooks's Frankel Lecture, I examine some of these conflicts.

As we'll see, some address conflicts involve debates over whether and when address actually makes meaning or whether it’s instead relatively trivial--while others involve contestants who agree that address makes …

Unwritten Administrative Law And The Regulatory Last Mile, Anthony B. Derron

Publications

Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once they change hands from national to subnational, they’re implemented through state statutes and regulations, not direct enforcement of the United States Code. As a result, state, not federal, administrative law governs in many bread-and-butter situations. Through a comprehensive fifty-state survey, I find that this body of law is largely unwritten.

Yet cooperative federalism relies on the capacity of state institutions to function. And equally critical is the existence of law that shepherds a program from congressional subcommittee to the very …

Transitioning To Regenerative Agriculture: One "Net-Zero" Pledge At A Time, Alexia Brunet Marks

Publications

As climate change intensifies, food sector multinational companies (MNCs), like Nestlé; Mars, Inc.; Unilever; PepsiCo; and Danone, face increasing pressure to reach net-zero by 2050, whereby they would reduce and ultimately eliminate carbon dioxide emissions from their supply chains by 2050. Carbon dioxide emissions are a major business liability, decreasing a firm’s value an average of $212,000 for every one thousand metric tons produced. As companies seek to align their pledges with regional, national, and subnational climate goals, they are legally required to comply with a growing number of disclosure rules for foods entering the United States and the European …

Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law, Rabea Benhalim

Publications

This Article challenges the prevailing perception that religious people and religious legal traditions are anti-abortion. While this may be true within certain conservative Christian perspectives, this perception is an inaccurate representation of Jewish and Muslim Americans and their respective legal traditions. Both the Jewish and Islamic legal traditions offer a range of nuanced positions on abortion. Furthermore, diverse opinions of Jewish and Islamic abortion jurisprudence inform a variety of topics salient to the current legal debate in the United States. This range of opinions includes strict limitations on abortion, circumstantial legality, and general permissibility. Scholars from both traditions engaged in …

Transgender Disenfranchisement, Scott Skinner-Thompson

Publications

Transgender and gender variant people are excluded from formal democratic participation at the polls through a variety of legal mechanisms. Such barriers include purportedly neutral voter identification laws, which may prevent transgender people from voting given the obstacles to achieving accurate identification documents in many states, and felon disenfranchisement laws, which exclude the disproportionate number of trans people ensnared in the carceral system.

But, as this Article explains, transgender people are also deterred from public space and participation more broadly through laws and customs specifically policing gender identity. Such laws include so-called bathroom bills that prevent people from accessing facilities …

The Shifting Economic Allegiance Of Capital Gains, Amanda Parsons

Publications

No abstract provided.

Displaying Wastewater Surveillance Data: An Ethics Framework, Govind Persad, Anne Barnhill, Douglas Mackay

Publications

No abstract provided.

Age And Saving Lives In Crisis Standards Of Care: A Multicenter Cohort Study Of Triage Score Prognostic Accuracy, Michael Hermsen, Patrick G. Lyons, Govind Persad, Alice F. Bewley, Chengsheng Mao, Kaveri Chhikara, Anoop Mayampurath, Matthew Churpek, Monica E. Peek, Yuan Luo, William F. Parker

Publications

No abstract provided.

Indigenous Peoples In International (Treaty) Diplomacy, Kristen A. Carpenter

Publications

International diplomacy has traditionally been considered the exclusive prerogative of states, who engage with each other on matters of peace, conflict, and trade with an eye to national interests and global wellbeing. This is one of a series of works considering "Indigenous Diplomacy"—a practice in which Indigenous Peoples engage with states, as well as other Indigenous Peoples, groups, and individuals in bilateral and multilateral settings, informed by Indigenous values, to advance rights, relationships, and remedies, as well as peace and security. This Article examines one category of Indigenous Diplomacy, namely the diplomatic processes surrounding modern and contemporary international treaties. With …

Securitizing The University, Maryam Jamshidi

Publications

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an "object" of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to "participate" in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university's status as object of and participant in …

Suspicion, Deference, And The First Amendment, Helen Norton

Publications

No abstract provided.

A New Satanic Panic, Jonathon J. Booth

Publications

A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse, and labeled adults who teach about gender and sexuality "groomers." This rhetorical shift, combined with an explosion of anti-transgender legislation, may presage a revival of the 1980s Satanic Panic, when fears of brutal crimes allegedly committed by Satanic cults swept the nation. These accusations spurred the longest trial in American history, commanded tabloid news, and led dozens of people to be convicted of lurid crimes, nearly all of whom were later …

The Supervisory Power Of State Supreme Courts, Adam B. Sopko

Publications

State supreme courts are currently center stage as they face some of the most important issues of our time. But nearly all of the attention is focused on their ability to interpret state constitutions to provide rights guarantees that the U.S. Supreme Court has diminished or eliminated from the Federal Constitution. While important, judicial review is but one instance of a state high court’s authority. Their supervisory power—the primary source of judicial administrative authority—has served as a vital source of policymaking power to safeguard individual rights and enhance the public good. Supreme courts have relied on their supervisory power to …

Religious Freedom And The Fertilized Egg, Rabea N. Benhalim

Publications

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Publications

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Law Enforcement Independence In Trump’S Second Term, Justin Murray

Publications

No abstract provided.

An American's Guide To The Eu Ai Act, Margot Kaminski, Andrew D. Selbst

Publications

The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to many in the United States. But as the first omnibus AI regulation worldwide, it has the potential to have a vast influence on both practice and lawmaking.

In this Article, we provide the American's Guide to the EU AI Act. This Article breaks down the AI Act for a U.S. law audience, explaining the overall mechanisms, and how the Act interacts with background EU laws and institutions. At its core, the AI …

Rukeyser Biannual, No. 4 (Winter 2025), Muriel Rukeyser Living Archive

Rukeyser Biannual

No abstract provided.

Supporting Students In Transition To And From Elementary School, Meleah Ellison, Jamelle Simmons, David B. Naff, Taryn G. Traylor, Meredith Dean, Sooyeon Moon, Jia Jia Liu, Latonja Y. Wright, Cameron Parkins, Jennifer Locasale-Crouch, Dana V. Yarbrough, Audrina Farrar, Obed Amoakoh Boateng

MERC Publications

This report is part of a two-part series focused on supporting students in transition across PK-12 education. Specifically, it explores transitions into and out of elementary school. The report includes a synthesis of recent peer-reviewed literature, analysis of publicly available data (with a specific focus on Virginia and the metropolitan Richmond region), and summary of relevant federal, state, and school division-level policies. It answers the following questions:

1. What are key considerations for supporting students in transition to and from elementary school in the MERC region?

2. How do federal, state, and division policies guide support for student transitions to …

Poor Cancer Prevention And Detection In Zimbabwe, Kenyon Chipman

Ballard Brief

In the wake of the AIDS/HIV epidemic, rates of non-communicable diseases such as cancer have increased. Although AIDS/HIV and other cancer-associated communicable diseases like HPV are on the decline, these diseases have laid the foundation for the rising cancer epidemic in Sub-Saharan Africa. While infectious diseases remain major contributors to the development of cancer, poor prevention and detection of cancer acts as the central catalyst in the nation’s inflated morbidity and mortality rate. A general lack of knowledge about the basics of cancer for both patients and health professionals, along with the barriers to preventative and detective resources and services, …

Inadequate Healthcare For Women In The United States, Grace Loveless

Ballard Brief

Barriers to adequate healthcare for women stem from a lack of research on their specific health needs, gender-based biases in healthcare, and harmful societal norms. One key aspect highlighting these disparities is the menstrual cycle—a topic unique to women. Menstrual health, defined as a state of complete physical, mental, and social well-being, illustrates the urgent need for greater focus on reproductive health. Despite its significance, the dialogue and knowledge about reproductive health remain limited, exacerbated by societal attitudes of secrecy and shame. These attitudes create barriers that hinder many women in the United States from accessing adequate healthcare. As a …

Implementing A Z-Course Program At Fort Hays State University, Claire Nickerson

Library Faculty Publications

In 2018, the Fort Hays State University (FHSU) Open Educational Resource (OER) Committee proposed a Z-Course Program to track and incentivize the use of zero-cost course materials. It included a course-marking initiative, the implementation of a small cost-share fee to students to fund the program and incentivize departments to offer Z-courses, and a Z-Course Grant Program for faculty who wanted to convert their courses. The proposal was approved in 2020 and implemented beginning in 2021. Since then, the course-marking and fee implementation have been streamlined, and the committee is working on qualitative assessment.

Characterization And Comparison Of Skin And Exoskeleton Microbiomes Of Stygobiotic Fauna And The Influence Of Environmental Variables On Microbiome Diversity And Composition, Bjorn Van Peterson

Theses

Caves and other subterranean ecosystems are among the most understudied ecosystems globally and house unique and ecologically important biodiversity. While several studies have characterized the microbial communities of respective cave systems, research on microbiomes of cave fauna has been limited. This study investigated microbiomes for aquatic cave fauna in the southern Cumberland Plateau of Tennessee and Alabama, USA. Exoskeleton and skin swabs were taken from three species of cave-dwelling crayfishes, two species of salamanders, and one cavefish. Bacterial operational taxonomic units (OTUs) identified in microbiomes of hosts included primarily members of the phylum Pseudomonadota, but also the phyla Acidobacteriota, Actinomycetota, …

Multi-Factor Mathematical Optimization For Healthcare Referral And Facility Placement, Mitchell Moody

Theses

This thesis addresses the challenge of optimizing patient referrals in healthcare systems by integrating clinical needs, geographic proximity, and dynamic infection risk. Healthcare referral networks (HRNs), which capture patient transfers between hospitals, serve as the foundation of the study. First, a recommendation algorithm is developed to assign patients by jointly considering clinical compatibility and logistical considerations like travel distance, striking a balance between quality and accessibility. Building on this, a reinforcement learning framework is proposed to dynamically adjust referral strategies for vulnerable patients by incorporating the evolving risk of hospital-acquired infections. Finally, long-term planning is explored through methods that recommend …