Digital Commons Network^™

Rational Gridlock, Scott Baker, Michael D. Gilbert

Scholarship@WashULaw

We examine the design of lawmaking institutions when advocates have agenda setting power and there is randomness in the status quo laws eligible for reform. The institutional designer maximizes voter welfare. We find that the optimal arrangement consists of two lawmaking institutions that must agree to enact any reforms. The institutions do not share preferences with one another or with the median voter. As a result, gridlock arises: the institutions reject some reforms that the median voter favors. However, when reform succeeds, it tends to be modest in scope and to more closely track what the median voter prefers. The …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Reflections On Translating Law And Economic Models For Lawyers And Law Professors, Scott Baker

Scholarship@WashULaw

Written as part of a keynote address for the 20th Annual Asian Law and Economics Conference, these remarks reflect on the way lawyers, judges, and law professors without economic training view and use law and economic models. After revisiting notably successes of classic results from the tort model – results that have penetrated the legal profession – it turns to the translation of more recent models of lawyer argumentation and precedent. Throughout, the point is to demonstrate how model insights can be used to help argue cases and distinguish precedent.

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Scholarship@WashULaw

Borrowing a quotation from Justice Jackson’s influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book “What Shall Be Orthodox” in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

A Liberty-Balancing Approach To Crime, Sheldon Evans

Scholarship@WashULaw

At its core, the criminal legal system is an ecosystem of institutions that seek to balance liberty interests. The insightful theories and complex practices of crime policy coalesce around questions on how crime impacts the liberties of individuals and communities to be safe, and how this correlates with the deprivation of liberty from offenders through our punishment system. But modern criminal policy, most often associated with the problems of overcriminalization and mass incarceration, has wholly abandoned any such delicate and nuanced balancing. Instead, the system thrives on sacrificing the liberties of offenders in a perverse and ineffective regime that leads …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Jens Frankenreiter, Kevin L. Cope, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Scholarship@WashULaw

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

The Practice Of Executive Constitutionalism, Conor Clarke, Daniel Epps

Scholarship@WashULaw

The Executive Branch must inevitably interpret the Constitution. Although departmentalists and judicial supremacists disagree about the scope of the Executive’s constitutional authority, few believe the Constitution is only for the courts. But what are the practices through which the Executive Branch interprets the Constitution and translates those interpretations into concrete decisions? What is their history? And what, if anything, is distinctive about them? While a rich and growing literature has examined some aspects of these questions, scholars have not broadly canvased the most central tools by which the Executive Branch shapes and implements constitutional law, or considered what makes them …

Dark Patterns In The Opt-Out Process And Compliance With The California Consumer Privacy Act (Ccpa), Jens Frankenreiter, Van Hong Tran, Aarushi Mehrotra, Ranya Sharma, Marshini Chetty, Nick Feamster, Lior Strahilevitz

Scholarship@WashULaw

To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our …

Judicial Reform From The Inside Out, Daniel Epps, Marin K. Levy

Scholarship@WashULaw

Prepared for the Notre Dame Law Review’s Spring 2025 Federal Courts Symposium on the 100th Anniversary of the Judiciary Act of 1925.

The Judiciary Act of 1925, the subject of this Symposium, is known as “The Judges Bill” for a reason. The Justices of the Supreme Court, and Chief Justice Taft in particular, produced the Act and persuaded Congress to enact it. To modern eyes, such efforts seem indecorous; perhaps even scandalous. But in fact, Supreme Court Justices and other federal judges have been extensively involved in judicial reform throughout American history. This Essay examines participation by federal judges in …

Auditing Criminal Justice Minimalism, Trevor George Gardner

Scholarship@WashULaw

If criminal justice minimalism is a shared principle among criminal law scholars, it can help to clarify the quality of our disagreements. Every normative proposal in the criminal legal literature can be held to the minimalist standard—audited, so to speak, to account for the policy author’s minimalist claims. To this end, this Essay proposes a four-step framework by which to evaluate adherence to the minimalist principle, where each step serves as a hub for pointed scholarly debate regarding the path to minimalist criminal justice.

When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani

Scholarship@WashULaw

“Hard cases make bad law” is one of the most famous aphorisms in Anglo-American law. Its insight is that when strict application of a generally sound law would impose a special hardship on someone, a court may be tempted to distort the law to avoid the hardship. Scholars have long debated the meaning and truth of the aphorism, but the debate has suffered from an imprecise conceptualization of what makes a case “hard.” This lack of precision limits our ability to disentangle and work through the important questions the aphorism raises about how the facts of a particular case affect …

An Anthology Of Interference In Law School Clinics, Peter A. Joy, Robert R. Kuehn

Scholarship@WashULaw

An Anthology of Interference in Law School Clinics explores interference in law school clinics in the United States, addressing its long history and the legal ethics, academic freedom, and First Amendment responses to that interference. Law clinics have faced interference in their representation of clients from elected officials, business groups, alumni and, at times, even their own school administrators. This interference has targeted clinics for providing individuals and nongovernmental organizations with legal representation on important matters, including racial and gender discrimination, environmental issues, prisoner rights litigation, death penalty cases, and immigration and human rights matters. In each instance, the interference …

Urban Isolation In The Digital Age- Examining The Sociological Impact Of The Digital Divide On Civic Life In U.S. Cities, Delante Clark

Graduate Scholarship and Creative Works

The digital divide remains a persistent barrier to civic participation and social inclusion in urban America, particularly in historically underserved communities. This mixed-methods study investigates how digital lack of access affects civic engagement, social capital, and community cohesion in U.S. cities, with a focus on Chicago’s South Side, Harlem New York, St. Louis, and Orlando. Drawing on quantitative data from recent surveys and qualitative insights from peer-reviewed literature, the research applies four sociological frameworks, Urban Sociology, Social Capital Theory, Critical Race Theory, and Symbolic Interactionism. These were used to examine the structural and interpretive aspects of digital isolation. Findings reveal …

The Neutral Detergent Fiber And The Acid Detergent Fiber Of The Grass Samples Between Small/Frequent And Large/Infrequent Rainfall Treatments In The C3 And C4 Plant Communities., Zigeng Chen, A. Joshua Leffler

NRM Departmental Data Sets

Data description:
Month: Time of data collection from 2020 to 2022.
Plant community: C3 and C4 plant community.
Treatment: small/frequent (S/F) and large/infrequent (L/I) rainfall treatment.
NDF (g/g DM): The dry matter content of neutral detergent fiber in the grass samples.
ADF(g/g DM): The dry matter content of acid detergent fiber in the grass samples. Cellulose (g/g DM): The dry matter content of cellulose in the grass samples.
Lignin (g/g DM): The dry matter content of lignin in the grass samples.

File type: .csv
File size: 16 KB

Evaluating And Mapping Habitat Suitability And Effects Of Woodland Treatment On Breeding Pinyon Jays In Colorado, Emily Diane Macklin

Electronic Theses and Dissertations

The pinyon jay (Gymnorhinus cyanocephalus) is a highly social, colonially nesting corvid endemic to the interior western United States whose populations have declined by ~72% since 1966, prompting the species’ current review for listing under the Endangered Species Act. Pinyon jays inhabit pinyon pine (Pinus subsect. Cembroides) and juniper (Juniperus spp.) woodlands and other dry conifer woodlands, portions of which are treated through tree thinning and removal for fuels reduction, ecological restoration, and habitat improvement for wildlife. As a result there is pressing need to better understand how woodland treatment and other potential drivers impact pinyon jay habitat suitability and …

Coastal Empire Economic Monitor, 2nd Quarter, 2025, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

• Forward Momentum Lost

• Savannah Metro Economy Stumbles

• U.S. Economy Rebounds but Demand is Weakening

• Regional Forecasting Index Falls

Search Strategies For "Malondialdehyde-Acetaldehyde Modified Macromolecules And Resulting Autoantibodies In Rheumatoid Arthritis Pathogenesis: A Systematic Literature Review", Wenxian Zhou, Nozima Aripova, Hannah J. Johnson, Bryant England, Cynthia M. Schmidt, Daniel R. Anderson, Jill A. Poole, Tate Johnson, Michael J. Duryee, Geoffrey M. Thiele, Ted R. Mikuls

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

The Professional Backgrounds And Experiences Of Higher Education Trustees And Its Influence On Decision Making, Jade J. Irving

Graduate Theses, Dissertations, and Problem Reports (ETD)

There are many complex decisions that must be made among the board of governors within institutions of higher education. Recent headlines on the decisions of trustees regarding campus closures and consolidations, program cuts, and presidential appointments have put a spotlight on the individuals responsible for making such decisions. This study examined how trustees of public 4-year institutions in the state of West Virginia perceive the value of their professional backgrounds and experiences in fulfilling their governance responsibilities. Using an explanatory sequential design, this study investigated how trustees’ professional experiences shape their decision-making processes through the theoretical lenses of sensemaking theory …

Three Essays On Sustainability Economics, Hélène Flore Nguemgaing

Graduate Theses, Dissertations, and Problem Reports (ETD)

As global economies face increasing resource dependencies and supply chain challenges, it becomes essential to understand the vulnerabilities that threaten economic stability. This dissertation investigates three empirical issues in agribusiness and critical minerals using econometric models to estimate the following: 1) the impact of supply chain disruptions on stock market returns during COVID-19; 2) the extraction of rare earth elements from acid mine drainage treatment by investigating the impacts of ownership and legislation in West Virginia and Pennsylvania; 3) China-to�FOBb (Free-on-Board) price transmission in rare earth elements markets: a copula-based dynamic tail dependence analysis.

The first essay evaluates how events …

Machine Learning And Uass For Managing Autumn Olive (Elaeagnus Umbellata) On Reclaimed Surface Mines, Sean Michael Keane

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research introduces an innovative approach for managing autumn olive (Elaeagnus umbellata) on reclaimed surface mines through the integration of machine learning algorithms and unmanned aerial systems. The proliferation of autumn olive presents significant ecological challenges on disturbed landscapes, necessitating more efficient detection and control methods. This study evaluated Random Forest classification and deep learning approaches using the U-Net architecture for identifying autumn olive across four phenological stages using high-resolution imagery. The RGB U-Net model achieved F1-scores of 0.927, 0.912, and 0.871 for autumn olive detection during peak, late, and senescence stages respectively, outperforming both multispectral and vegetation …

A Multi-Case Study Exploring Ncaa Division I Athletic Departments’ Mental Health Culture Through Stakeholders’ Perspectives, Kimberly Ann Granados Tolentino

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite the NCAA’s ongoing efforts to guide athletic departments into providing sufficient mental health support to student-athletes, psychological well-being continues to be a primary area of concern for collegiate athletes. Student-athletes are as likely as the regular college population to experience mental health issues, but less likely to seek services (Watson, 2005). Researchers have continued to examine the perceived barriers preventing student-athletes from utilization of mental health services which include a lack of knowledge, limited access, and perceived negative stigma (e.g., Harris & Maher, 2023; Yoon & Petrie, 2023). Organizational culture–loosely defined as a group’s accumulated shared learning in which …

Influence Of Deck Area And Average Daily Traffic On The Deterioration Of Bridge Superstructures., Faysal Ahamed

Graduate Theses, Dissertations, and Problem Reports (ETD)

State Departments of Transportation (DOTs) are responsible for maintaining approximately 623,000 bridges across the United States. Effective bridge management requires a comprehensive understanding of the factors influencing structural deterioration. Numerous studies have explored the effects of average daily traffic (ADT) and deck area (DA) on bridge deck deterioration. Given the interdependence between bridge decks and superstructures, it is plausible that ADT and DA significantly influence superstructure condition ratings and deterioration trends. However, their impact on superstructures remains insufficiently studied. In addition, existing studies primarily focus on overall bridge deterioration without adequately differentiating between superstructure designs and materials and maintenance authorities. …

Sexual And Gender-Based Violence Against Women In Sports: Prevalence, Impact, And Interventions In East Africa, Hesbon Hansen Owilla, Nancy Achieng' Booker, George Nyabuga, Tulinagwe Mwampanga, Samantha Agasha, Liz Awino, Ella Smith

Graduate School of Media and Communications

This study investigated the prevalence, causes, and impact of sexual and gender-based violence (SGBV) against women in sports across Kenya, Uganda, and Tanzania. Employing a mixed-methods approach, the study combined quantitative surveys with qualitative interviews to explore the scale of SGBV, its root causes, and the lived experiences of female athletes. A cross-sectional descriptive design was adopted, with data collected from athletes, coaches, administrators, and sports officials from federations and associations in the three countries. Stratified and purposive sampling techniques at the federations, clubs and within the clubs was used and this ensured representation at multiple levels of the sports …

Policy Brief. Media Framing Of Sexual And Gender-Based Violence And Femicide: An Analysis Of News Stories In Select Kenyan, Ugandan And Tanzanian Media, Nancy Achieng' Booker, Hesbon Owilla, George Nyabuga, Olivia Sayani, Liz Awino, Rose Kimani, David Aduda

Graduate School of Media and Communications

This policy brief presents the findings of a regional study on media coverage of femicide and sexual and gender-based violence (SGBV) in Kenya, Uganda, and Tanzania. The study analysed coverage of femicide and SGBV between January 2024 and April 2025, from major digital platforms, supported by interviews with editors. It sought to understand how media frames femicide and SGBV, which actors are most visible, and what implications these patterns have for accountability, justice, and deterrence. The findings show that while victims of femicide are given extensive sympathetic coverage, with very high salience, perpetrators are almost entirely absent from media narratives. …

2025 Butler Library Annual Report, Charles Lyons, Christopher Hulsman, Joseph Riggie

Butler Library Annual Reports

The 2025 annual report. Created in early 2026.

Exploring The Public Health Agency Of Canada’S And The Ontario Government’S Vaccine-Related Crisis Communication On X During The Covid-19 Pandemic, Sheraza Burney, Lorie Donelle Phd, Rn, Fcan, Anita Kothari

Publications

Crisis communication strategies must be tailored to the unique nature of social media. In response to the COVID-19 pandemic, public health agencies have widely used social media to address vaccine hesitancy and misinformation. This research utilized the social media pandemic communication model to describe the key themes disseminated through the Ontario government and the Public Health Agency of Canada’s vaccine-related crisis communication on X (formerly Twitter). Between 27 January 2020 and 6 April 2021, 1271 posts related to COVID-19 vaccination were collected from three official government X accounts——two from the province of Ontario and one from Canada. Posts were analyzed …

Strategic Analysis Of Wendy's, Cameryn Rudd

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Lives And Lessons Of Zoo Animals, Nicole Emlen

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This project was an interdisciplinary museum exhibit that was displayed at the Montana Natural History Center between April 4 and May 12, 2025. It displays my photographs that I took of some of the animals I worked with during my summer 2024 internship at ZooMontana. In this project, I educate the public about three main functions of zoos--rescue, conservation, and education--through the stories and lives of four species. These animals all have unique stories that are important to share to improve public knowledge of why zoos are important and how we can improve relationships between humans and wildlife. Photography is …

Foraging Opportunists: Encouraging Reconnection With The Land, Madelyne Miller, Sylvia Blodorn, Aine Fannon, Ada Scott, Luke Pruitt

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Contextualizing the history of opportunist and native plant species opens options for land management and reconnection to cultural land practices. By recognizing that opportunist species often spread as a result of relocation for practical usage, we determine that reintroducing these uses can lead to an escalation in harvesting these plants. Uses of opportunist plants are diverse and include food sources, artistic practices, and medicine. Foraging also leads to improved human-land-connectedness as well as a deeper connection to ancestral and cultural traditions, which has been found to improve mental health. Focusing on this method of land management will limit the need …

No Evidence For Warming-Driven Extirpation Of Tallgrass Prairie Plants, Emily D. Horner, Meredith Zettlemoyer

Undergraduate Theses, Professional Papers, and Capstone Artifacts

More and more species face extinction as our climate warms. Understanding how climate change influences local extinctions may help us comprehend and predict global extinctions. Ultimately, local extinctions stem from declines in vital rates such as survival, growth, and reproduction. One way to examine how warming might have affected local extinctions is to compare responses between locally extinct versus extant (still present) species. In this comparative framework, more negative effects of warming on locally extinct species’ (but not extant species’) vital rates would suggest a role of warming in their local extinction. We also expect that locally extinct species would …