Digital Commons Network^™

Plastics, Carbon, Politics, And Experimentation In Environmental Governance, Donald T. Hornstein

Faculty Publications

This Article analyzes two major international environmental negotiations that concluded in late 2024 and uses them to explore emerging directions in plastics policy, carbon markets, and experimental forms of environmental governance. It examines the redesign of global carbon offset markets following the adoption of Article 6 mechanisms at COP 29, highlighting how new international standards and domestic U.S. initiatives seek to address longstanding concerns about offset quality while insulating climate policy from drastic federal political swings. The Article then evaluates the failed Busan negotiations toward a global plastics treaty, explaining how disagreements over production caps, consensus procedures, and the complexity …

Reflections On The Ferguson Report, Eisha Jain

Faculty Publications

This Essay reflects on the significance of the Investigation of the Ferguson Police Department by the Civil Rights Division of the Department of Justice (“Ferguson Report”). The Ferguson Report is a valuable teaching tool for criminal procedure because it documents detailed cases of police misconduct. But it also reveals how many deeply intrusive and over-reaching policing practices are not, in fact, unconstitutional. Reading the Report offers a window into how the law can enable misconduct, and it reveals how little opportunity the community affected had to create change.

Winning By Losing: The Strategy Of Adverse Private Letter Rulings, Noah Hertz Marks

Faculty Publications

Every year, the Internal Revenue Service (IRS) issues hundreds of Private Letter Rulings (PLRs) responding to formal taxpayer inquiries about how tax law will apply to their proposed situations and transactions, which functionally bind the IRS with respect to the taxpayer. Although the Internal Revenue Code formally forbids relying on PLRs as precedent, taxpayers and practitioners closely monitor and structure their operations and advice around PLRs. Taxpayers can withdraw a PLR request at any time for any—or no—reason, and they generally know in advance whether the PLR will be favorable or adverse. Conventional wisdom assumes adverse PLRs should be extremely …

The Lawyer's Obligation As Public Citizen, Gene R. Nichol

Faculty Publications

This essay by Gene R. Nichol examines the lawyer’s duty as a “public citizen,” drawing from the ABA Model Rules’ preamble and historical, civic, and religious touchstones to argue that legal professionals bear a unique obligation to sustain democracy, the rule of law, and public confidence in justice. Situating the discussion in contemporary struggles—particularly in North Carolina—the essay details court-documented gerrymandering, voter suppression, and politicization of the judiciary, and laments the comparative silence of the institutional legal community, including bar associations, law schools, and leading firms.

Nichol juxtaposes today’s reticence with past episodes of vocal resistance (and support) from the …

Where Torrens Failed, John V. Orth

Faculty Publications

The early days of the Torrens system in the United States looked promising. Its spread through the country was rapid — by the early 20th century, it had been adopted in almost half of America’s states. Today, however, Torrens is all but obsolete in America. This article examines what went wrong. For one thing, a workable, if cumbersome, system of title assurance — relying on recorded deeds, warranties of title, and title insurance — already existed. For title holders, the process of petitioning for Torrens registration was unfamiliar, often expensive and protracted, and invited risk from adverse claimants. Pragmatic factors …

The Art Belongs To The Artists, Deborah M. Weissman, Louis A. Pérez

Faculty Publications

This Article examines the rights of detainees interned at the Guantánamo Bay Naval Station to claim ownership of cultural work produced during their imprisonment. Through a series of arbitrary policies, the U.S. government alternately punished detainees for creating works of art, confiscated paintings and drawings, and otherwise denied detainees’ rights to control their creative works. This Article suggests the need to understand these policies as acts akin to plunder—that is, as a practice long associated with colonialism as a means through which the artifacts of the material culture of conquered peoples were expropriated and claimed as “trophies” of conquest. It …

Tax Compliance, Social Norms, And Influencers, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

While attaining perfect tax compliance is unachievable, more can and must be done. In the past, the country has relied primarily on a traditional system of sticks (e.g., audits and penalties) and carrots (e.g., refunds and whistleblower awards) to help narrow the “tax gap,” or the difference between what taxpayers owe in taxes and what they actually pay. Now, in the social media era, Congress and the Internal Revenue Service (IRS) should look beyond these traditional enforcement mechanisms. To achieve an even higher voluntary compliance rate, this Article advocates for policymakers to invest greater resources to enhance the social norm …

Tax And The Myth Of The Family Farm, Kathleen Delaney Thomas

Faculty Publications

With income and wealth inequality at historically high levels, policymakers have looked to the tax system as a potential road to reform. Specifically, new taxes on wealth or inheritances could raise much-needed revenue and reduce intergenerational wealth disparities. Yet looming behind recent proposals to strengthen the progressivity of the tax system is the specter of taxing family farms out of existence.

In the minds of voters, the family farmer is a sympathetic taxpayer who is cash poor but holds valuable property. Federal taxes that are based upon property values (like a wealth tax or an estate tax), rather than on …

Notice, Consent, And Choice-Of-Jurisdiction Clauses In The United States, John F. Coyle

Faculty Publications

Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This Article first reviews the existing case law in this area and shows that while some U.S. courts have refused to enforce clauses for lack of notice, others do so as a matter of course. It then discusses several decisions where U.S. courts have held that notice …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

Faculty Publications

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

The Right To A Jury And The Rise Of Guilty Pleas Across Common Law Countries, Carissa Byrne Hessick

Faculty Publications

Juries have long been considered a key common law institution, yet their use has become quite uncommon in common law systems over time. Rather than trials by juries, most criminal cases are instead resolved by way of guilty pleas. The prevalence of guilty pleas is not merely a matter of defendants’ independent choices to accept responsibility and give up the right to a trial. Common law countries have adopted various legal structures over the past half century that incentivize guilty pleas and discourage trials.

This Essay will document the decline of jury trials and the rise of guilty pleas in …

More Information Or More Frequent Information? A Proposal For Quarterly 1099s, Kathleen Delaney Thomas

Faculty Publications

Third-party information reporting enhances tax compliance. When substantial information reporting is present, the compliance rate reaches 94 percent, compared to just 45 percent when there is little or no information reporting. Accordingly, policymakers have expanded information reporting requirements over the past several decades to enhance revenue collection. More recently, Congress has expanded information reporting requirements for third-party settlement organizations (“TPSOs”) by significantly lowering the reporting threshold from $20,000 to $600 as well as eliminating the requirement for 200 or more transactions. While such a shift will subject more taxpayers to information reporting, it will also create additional burden on the …

Equality And Justice: An Essay In Memory Of Dan Markel, Carissa Byrne Hessick

Faculty Publications

One of the traits that I admired most about Dan Markel was that he held legal scholarship to a very high standard. Whether it was his own work or the work of others, he believed that our work could only improve if we insisted on giving each other critical feedback.

It has been a decade since Dan’s tragic death. And while a Festschrift is ordinarily seen as an opportunity to praise the work of one’s colleagues, I want to celebrate Dan Markel in the way that I imagine he would respect most—by providing critical feedback about his work. In particular, …

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Faculty Publications

The right of publicity grants individuals control over the commercial use of their identity, particularly name, image, and likeness. Currently, publicity laws are a fragmented patchwork of state statutes and case law, leading to frequent calls for reform, including the establishment of a federal right of publicity. This issue has gained renewed urgency amid the rise of generative artificial intelligence and deepfake technologies. In response, Congress has introduced multiple bipartisan proposals—most prominently, the Senate’s No FAKES Act and the House’s No AI FRAUD Act—that seek to create federal protections against unauthorized digital replicas of likeness, voice, and other aspects of …

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

Shsp Dean's Newsletter, Winter 2025, Robert W. Amler

SHSP Dean’s Newsletter

No abstract provided.

Freedom Of Expression, Collection Management, And Ethical Decision-Making: Censorship Of The Good, The Bad, The Ugly, And Our Obligations To Preserve A Culture's Story, Caroline L. Osborne

Faculty Publications

Libraries, archives, and museums are cultural memory organizations responsible for preserving and conveying a culture’s story. While they have broad editorial discretion in collection management, they also bear significant responsibility, relying on professionals with the expertise to make complex decisions. Practical constraints—such as space, finances, and biases—necessitate content-based limitations and collection policies. This article examines collection management through legal concepts like pure speech, expressive conduct, and state actor status under the First and Fourteenth Amendments, distinguishing viewpoint discrimination from content-based discrimination. It also explores ethical decisionmaking through the lenses of justice, virtue, and the common good.

Wellness And The Tax Law, Leigh Z. Osofsky

Faculty Publications

The tax law has long provided extensive subsidies for “medical care.” These subsidies cost the government hundreds of billions of dollars a year. The definition of medical care, which is at the heart of these subsidies, originated many decades ago at a time when there was little to no conception of wellness.

Times have changed in the medical world. Medical science now emphasizes that wellness practices, like exercise, meditation, and social connection, have an important impact on physical as well as mental health, including by playing a significant role in preventing and treating disease. Under the tax statute, medical care …

Administrability Over Testamentary Freedom Of Disposition, Kevin Bennardo

Faculty Publications

This Article challenges the widely accepted view that testamentary freedom is the dominant principle of American inheritance law. It argues that administrability—the need for a predictable, efficient probate system—frequently overrides freedom of disposition. Examining executor selection, procedural constraints, contest doctrines, settlement mechanisms, and the pervasive role of judicial and statutory oversight, the Article shows that testators have far less control over the disposition of their estates than traditional rhetoric suggests. Because process shapes outcomes, limits on testators’ ability to control the probate process constitute significant limits on testamentary freedom. The Article also demonstrates how doctrines such as intestacy and settlement …

A Patent System For Temple Grandin, Andrew Chin

Faculty Publications

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system …

A Review Of Social, Behavioral, And Ethical Considerations For Smart Life Engineering, John Murray

Faculty Research, Scholarly, and Creative Activity

Smart Life (SL) systems do not exist in a technological vacuum; they are embedded in a social ecosystem and have rich and complex interactions with their surroundings. It is important to recognize that their design and implementation will have an impact on the individuals and communities around them. This chapter examines the social, behavioral, and ethical issues to be considered in a holistic systems approach to SL engineering, to help practitioners and stakeholders to design the strategies needed for successful SL deployments. It addresses these topics from several disciplinary viewpoints and provides a comprehensive set of references for those requiring …

Improving Equity, Diversity, And Inclusion In Lis Education: Insights For Curriculum Development And Professional Preparation, Lili Luo

Faculty Research, Scholarly, and Creative Activity

Objective – To explore how the graduate-level Library and Information Studies (LIS) curriculum can be redesigned to be more socially justice focused and thus better prepare graduates to address equity, diversity, and inclusion (EDI) issues in their workplace. Design – A cross-sectional, descriptive online survey study. Setting – MA/PG Diploma program in LIS at University College, London (UCL). Subjects – 59 recent graduates from the MA/PG Diploma program in LIS at University College, London (UCL). Methods – Using the descriptive survey methodology, a 13-item online questionnaire was sent to a purposive sample of 733 alumni from the MA/PG Diploma program …

Japanese Incarceration Memorial As Trauma Portfolio Play, A. J. Faas, Alyssa Singh, Cibella Gamma

Faculty Research, Scholarly, and Creative Activity

In collaboration with the Japanese American Museum of San José, California, we examined their exhibit of WWII-era incarceration of Japanese Americans to understand how the presentation of different positionalities (e.g., Japanese/American, loyal/disloyal) engage with and contest the terms of incarceration and internal politics within the Japanese American community. In our analysis, we focus on the reproduction and contestation of particular narratives of power and identity and treat the memorial exhibit as a variety of community-based “trauma portfolio” that unsettles state bureaucratic constructions of suffering and (in)justice. We conclude by identifying transformative possibilities for engaging with the different positionalities of incarcerated …

Reinforcement Learning-Based Dynamic Field Exploration And Reconstruction Using Multi-Robot Systems For Environmental Monitoring, Thinh Lu, Divyam Sobti, Deepak Talwar, Wencen Wu

Faculty Research, Scholarly, and Creative Activity

In the realm of real-time environmental monitoring and hazard detection, multi-robot systems present a promising solution for exploring and mapping dynamic fields, particularly in scenarios where human intervention poses safety risks. This research introduces a strategy for path planning and control of a group of mobile sensing robots to efficiently explore and reconstruct a dynamic field consisting of multiple non-overlapping diffusion sources. Our approach integrates a reinforcement learning-based path planning algorithm to guide the multi-robot formation in identifying diffusion sources, with a clustering-based method for destination selection once a new source is detected, to enhance coverage and accelerate exploration in …

Moral Intensity Dimensions Of Information Security Policy Compliance: Perspectives Of Construal Level Theory And Ethical Theories, Dailin Zheng, Zhiping Walter

Faculty Research, Scholarly, and Creative Activity

Sanctions are often ineffective in promoting employee compliance with information systems security policies (ISSPs) and may lead to undesired outcomes. We establish that ISSP compliance is an ethical decision and examine it through the lens of ethical decision-making using scenario-based surveys. Guided by normative ethical theories and the construal level theory, we find that both the opinions of co-workers and perceived negative consequences of noncompliance to the organization influence employee ISSP compliance intention. Additionally, perceived social distance affects employees' assessment of when damages to the organization can occur. Both the assessed timing of damage and the perceived social distance from …

Reliability And Severity Levels Of The Voice-Related Experiences Of Nonbinary Individuals, Grace Shefcik, Pei Tzu Tsai, Satveer Kler

Faculty Research, Scholarly, and Creative Activity

Objectives: Clinicians providing gender-affirming communication services to nonbinary individuals often utilize client questionnaires. The Voice-related Experiences of Nonbinary Individuals (VENI) is the only published questionnaire exclusively for nonbinary clients. This questionnaire consists of 17 items that gain insight into the client's self-perception of voice and voice-related concerns. According to Shefcik and Tsai (2023), the VENI's content validity is good to excellent. This study evaluated the measure's reliability through internal consistency and test-retest reliability analyses and created impact ratings to support interpretation of scores. Study Design: This study utilized an online survey-based design with test-retest administration. The initial survey was administered …

Behavioral Response Of House Flies (Diptera: Muscidae) To 3 Bittering Agents, Panchalie B. Gunathunga, Bethia H. King, Christopher J. Geden

Faculty Articles, Papers, and Other Scholarship

House flies, Musca domestica L., are pests at livestock facilities. House fly numbers are controlled mainly by manure management and chemical controls, like use of toxic baits. Some toxic baits contain denatonium benzoate as a bittering agent, to avoid poisoning of children. House fly behavioral response to denatonium benzoate was examined, using 2 different diluents, sucrose solution or orange juice. Response of flies to quinine and sucrose octaacetate, 2 other bittering agents, was also examined in sucrose. Sucrose is the sweetener in commercially available toxic house fly baits. The proboscis extension response of both male and female flies was significantly …

Validation Of A Self-Fitting Over-The-Counter Hearing Aid Intervention Compared With A Clinician-Fitted Hearing Aid Intervention: A Within-Subjects Crossover Design Using The Same Device, Lucas S. Baltzell, Kosta Kokkinakis, Amy Li, Anusha Yellamsetty, Katherine Teece, Peggy B. Nelson

Faculty Research, Scholarly, and Creative Activity

In October of 2022, the US Food and Drug Administration finalized regulations establishing the category of self-fitting over-the-counter (OTC) hearing aids, intended to reduce barriers to hearing aid adoption for individuals with self-perceived mild to moderate hearing loss. Since then a number of self-fitting OTC hearing aids have entered the market, and a small number of published studies have demonstrated the effectiveness of a self-fitted OTC intervention against a traditional clinician-fitted intervention. Given the variety of self-fitting approaches available, and the small number of studies demonstrating effectiveness, the goal of the present study was to evaluate the effectiveness of a …

"You Sure Feel Like You're Alone, Kind Of Flailing Away Out There": Family Caregiver Perspectives Of Caring For An Individual With Glioblastoma Multiforme, Christy Muasher-Kerwin, Abby Baumbach, Yujun Liu, M. Courtney Hughes

Faculty Articles, Papers, and Other Scholarship

Objectives

Glioblastoma multiforme (GBM) is the most common and aggressive form of brain cancer. Family caregivers of individuals with GBM must navigate a wide range of their care recipients’ physical, cognitive, and psychosocial deficits to provide effective care, which is both mentally and physically demanding. This study aimed to investigate the perspectives of family caregivers of GBM patients about the barriers and challenges they encounter when providing care to their care recipients. Methods

Nineteen current and former family caregivers for individuals with GBM participated in semi-structured interviews from October 2023 through January 2024. We conducted interviews virtually and used applied …

The Relationship Between Food Insecurity And Low Birthweight Across Us Counties And Related Racial Disparities, Marissa A. Beldon, Shondra L. Clay, M. Courtney Hughes, Kathryn Mazurek

Faculty Articles, Papers, and Other Scholarship

Objective

To explore the relationship between low birthweight (LBW) and food insecurity across US counties and determine whether this relationship differs between Black and White women.

Methods

LBW data was derived from the 2013–2019 National Center for Health Statistics and National Vital Statistics System Birth Files. Food insecurity data was derived from Feeding America’s 2013–2019 Map the Meal Gap project. Analyses included descriptive statistics and regression models.

Results

Data were available for 3037 US counties. Food insecurity significantly predicted county-level LBW (t(3035) = 44.48, P <  .001) and explained 39.46% of the variance in LBW (F(13,035) = 1978.03, P <  .001, R = .63). Food insecurity predicted LBW for …