Digital Commons Network^™

The Endorsement Test's Early Years, 1983-1985: Notes From The O'Connor Files, Jay D. Wexler

Faculty Scholarship

One of Justice Sandra Day O’Connor’s signature contributions to U.S. constitutional law was the endorsement test, a subtle but critically important reformulation of the Court’s then prevailing approach to applying the Establishment Clause that focused on the message sent by government action supporting religion and the potentially harmful effects of that message on religious minorities and the political community. Now that the current Court has discarded the endorsement test, leaving the government freer than ever to support religion in a variety of ways, we should expect to see the harms that Justice O’Connor cared about become increasingly widespread and prevalent. …

Why Did Prosecution Strengthen President Trump In The 2024 Election?, Steven Arrigg Koh

Faculty Scholarship

Why did criminal prosecution strengthen President Donald Trump's electoral prospects in the 2024 federal election? It was not supposed to be this way: after President Trump's 2024 New York state conviction, many speculated that President Trump's "felon" status would imperil his political career. In fact, the opposite occurred: federal and state criminal prosecutions reenergized President Trump's 2024 presidential candidacy. Contemporary criminal law theories-traditional individualist, expressivist, and critical-struggle to explain why. 

This Article advances a theory of criminal coalescence to explain why the Trump prosecutions led the former President to political victory. Criminal coalescence is the intensification of mass support for …

Presuming Justice For Temp Workers, Andrew Elmore, Kati Griffith, Sachin S. Pandya

Faculty Scholarship

Workers need to know who their employers are. Who is responsible for remedying workplace dangers? Who can they sue for restitution when they are discriminated against at work, or do not get paid for all of the hours they work? Temp agency contracts complicate these seemingly simple questions. In workers’ rights cases involving “temps,” courts and administrative agencies often engage in protracted, resource-intensive joint employer inquiries to decide whether the temp agency clients share in employer obligations and liabilities with the agencies. This is the case even when the temp agency client has the key markers of an “employer,” such …

Do Academic Researchers Care About Patent Infringement? A Pcr Case Study, Janet Freilich

Faculty Scholarship

Because much cutting-edge academic research involves building on other new technologies, university research often involves making or using a patented invention—an act of patent infringement. The problem of how patents affect academic researchers has attracted considerable attention, but legal scholars are divided on the magnitude of patents’ potential impact. Many scholars fear that patents will entirely hobble academic scientific research, while others find that academic researchers entirely ignore patents and thus that they have little impact. This Article adds a piece of empirical evidence to the debate by studying the example of polymerase chain reaction (PCR) technology. In the early …

Originalisms' Indifferences?: Friendly Amendments To Sherif Girgis's "Originalism's Difference?", Jed Handelsman Shugerman

Faculty Scholarship

Sherif Girgis’s Lecture Originalism’s Differences? reflects on what had differentiated originalism from other methods and why those differences are eroding. The differences are (or were): (1) avoiding “ostentatious moral reasoning”; (2) relatedly, constraining judges by requiring originalist historical evidence (i.e., tying judges’ hands); and (3) engaging historical research with more “intensity.” Girgis rightly criticizes the Court for engaging in the same kind of flexibility and creativity that originalists had long rejected.

In this commentary, I highlight our areas of agreement and offer friendly amendments. My title takes Girgis’s title two or three steps further: I use an “s-apostrophe” because I …

Panel Discussion: Mindfulness In The Law School Environment, Erika George, Nicky Boothe, Kellyn O. Mcgee

Faculty Scholarship

A 2016 study of 13,000 lawyers conducted by American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation found that approximately 28 percent struggle with depression, 19 percent anxiety and 23 percent stress.¹² The study found “younger lawyers in the first ten years of practice and those working in private firms experience the highest rates of problem drinking and depression.”¹³ At least one study suggests that 40-70 percent of disciplinary proceedings and malpractice claims against lawyers involve substance abuse or depression.

According to a 2016 Survey of Law Student Well-Being including over 3,300 law …

Human Rights Risks In Clean Energy Supply Chains: Racial Capitalism, Critical Minerals, And Corporate Responsibility, Erika George

Faculty Scholarship

This paper argues that decarbonization will fail to deliver climate justice unless the transition to clean energy confronts the racialized political economy that has historically structured extractive activity and shaped international economic law. Grounding its analysis in racial capitalism, the paper contends that the growing demand for critical minerals risks reproducing patterns of exploitation, expropriation, and expulsion. Using lithium extraction in Chile as a case study, it shows how colonial legacies, dictator-era neoliberal reforms, and present-day regulatory architectures governing foreign investment and natural resource extraction have prioritized investors over human rights and the environment. Recent decisions of the International Court …

Mobility And Power In Temp Work, Andrew Elmore

Faculty Scholarship

Labor mobility is an underdiscussed determinant of temp worker power. Drawing on original interviews with professional and blue-collar workers who work as and alongside temps, this Article shows how businesses use staffing agencies to restrict the labor mobility of contingent workers. Staffing agencies limit worker mobility by imposing user- and worker-side contractual restraints while misrepresenting themselves to temp workers as their sole employer. They also exploit state-imposed mobility limitations by recruiting foreign nationals and people leaving incarceration and channeling them into their most precarious work. This enables clients to dismantle internal labor markets and to fill staffing shortages without raising …

Legislative Speech & Decorum, Sean J. Kealy

Faculty Scholarship

Decorum requires legislators to self-limit their free speech rights as citizens; things that may be said and done in the public square would violate legislative decorum rules. In 2023, two legislatures made headlines by using decorum rules to silence young legislators with minority views. In Tennessee, the House expelled two representatives after they walked into the House well and led protestors in the galleries in several chants demanding the House take up gun control legislation. In Montana, the House excluded a representative from the House Floor after she spoke against a bill to forbid minors access to gender affirming care. …

How Not To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

A growing set of jurisdictions has embraced “consultative algorithmic governance,” the idea that community members, particularly racially and otherwise politically marginalized ones, should be involved in the processes by which state institutions procure, construct, implement, and oversee artificially intelligent algorithms employed in public sector decision-making. Consultative processes range from public hearings that provide communities with an opportunity to comment about anticipated algorithmic use to community advisory boards that help public officials evaluate the impact of current or future algorithmic use.

This Article argues that consultative algorithmic governance is critically flawed and then builds upon this critique to point toward a …

Response: Work And Home, Katharine B. Silbaugh

Faculty Scholarship

The idea of work, as it pertains to a place called home, as distinct from the market, has engaged and perplexed scholars for generations. Work in the home raises complicated issues that have accordingly drawn the focus of generations of scholars, from Charlotte Perkins Gilman and the material feminists of the late nineteenth century¹ to historians of labor such as Eileen Boris² and of law like Reva Siegel,³ from legal scholars like Fran Olson, Dorothy Roberts, and Robert Ellickson⁴ to social theorists like Friedrick Engels⁵ and architectural historians like Dolores Hayden,⁶ to name just …

Under What Circumstances Is "Caste" Likely To Be Useful As An Analytic Concept (And Should We Care)?, Sanford V. Levinson, Robert L. Tsai

Faculty Scholarship

This Essay is the product of the 2025 “Constitutional Law Schmooze,” where academics from a variety of disciplines and from all over the country meet to discuss a common topic of constitutional law chosen by the moderator. This year’s topic was “caste.” The two of us, having written independent “tickets” of admission for the schmooze—i.e., short essays setting out our tentative thoughts about “caste”—turned out to be relative skeptics about the value of the term for lawyers. We are certainly not hostile to those who differ with us. This should be regarded as a “friendly dissent,” as distinguished, say, from …

Mapping Epidermal And Dermal Cellular Senescence In Human Skin Aging, Grace T Yu, Clarisse Ganier, David B Allison, Tamara Tchkonia, Sundeep Khosla, James L Kirkland, Magnus D Lynch, Saranya P Wyles

Children’s Nutrition Research Center Staff Publications

Single-cell RNA sequencing and spatial transcriptomics enable unprecedented insight into cellular and molecular pathways implicated in human skin aging and regeneration. Senescent cells are individual cells that are irreversibly cell cycle arrested and can accumulate across the human lifespan due to cell-intrinsic and -extrinsic stressors. With an atlas of single-cell RNA-sequencing and spatial transcriptomics, epidermal and dermal senescence and its effects were investigated, with a focus on melanocytes and fibroblasts. Photoaging due to ultraviolet light exposure was associated with higher burdens of senescent cells, a sign of biological aging, compared to chronological aging. A skin-specific cellular senescence gene set, termed …

A Comprehensive Uhplc-Ms/Ms And Extraction Method Reveals Flavonoid Profile And Concentration Are Diverse In Spinach (Spinacia Oleracea L), Michael P Dzakovich, Elaine A Le, Alvin L Tak, Shaji K Chacko

Children’s Nutrition Research Center Staff Publications

INTRODUCTION: Spinach produces an array of unique flavonoids not commonly found in other fruits and vegetables. These molecules likely serve as defense agents against biotic and abiotic stress and may have health beneficial properties for humans. Current methods to analyze spinach flavonoids are incomplete and only capture a portion of this uncharacterized pathway. A comprehensive analysis method is needed to determine how genetics, environmental conditions, and other factors influence spinach flavonoid biosynthesis.

METHODS: We developed and validated a high-throughput extraction and ultra high-performance liquid chromatography tandem mass spectrometry (UHPLC-MS/MS) method to separate and quantify 39 spinach flavonoid species in 11.5 …

New Genetic Tools To Define The Pathophysiology Of Inborn Errors Of Cobalamin Metabolism Impacting Mammalian Development, Tiffany Chern, Xuefei Tong, William G Bauer, David J Quispe-Parra, Xia Gao, Kamryn N Gerner-Mauro, Ross A Poché

Children’s Nutrition Research Center Staff Publications

The congenital, autosomal recessive disorder combined methylmalonic acidemia and homocystinuria - cblC type, is the most common inborn error of cobalamin (vitamin B12) metabolism. In its early onset form, cblC profoundly impacts fetal development of the central nervous system, hematopoietic system, and other tissues. Previously, mutations in the MMACHC gene, which encodes a protein required for the intracellular trafficking and enzymatic processing of free cobalamin into active coenzyme forms, were found to cause cblC. These coenzymes are required in two metabolic pathways which produce either succinyl-CoA in the mitochondria or methionine in the cytosol. However, due to a lack of …

Food-Related Behaviors Of Rural (Asaase Kooko) And Peri-Urban (Kaadjanor) Households In Ghana, Prince Kwabena Osei, Megan A Mccrory, Matilda Steiner-Asiedu, Edward Sazonov, Mingui Sun, Wenyan Jia, Tom Baranowski, Gary Frost, Benny Lo, Alex Kojo Anderson

Children’s Nutrition Research Center Staff Publications

Background: "Food-related behaviors" range widely and include food acquisition, storage, cooking, meal sharing, eating practices, among others. Food-related behaviors can influence nutritional status and health outcomes, and likely vary between rural and peri-urban households; however, there is limited documentation on such differences.

Objective: To assess food-related behaviors of rural and peri-urban households in Ghana to inform the design and implementation of a field study to validate passive wearable camera technologies for dietary assessment.

Methods: This was a cross-sectional qualitative study in rural (Asaase Kokoo) and peri-urban (Kaadjanor) communities, Ghana. Forty key informants (20 rural and 20 peri-urban) were interviewed about …

Regulatory B Cells, The Key Regulator To Induce Immune Tolerance In Organ Transplantation, Jinfeng Liao, Yixin Yang, Jisong Li, Zheng Liu, Siyuan Song, Yu Zeng, Yi Wang

Children’s Nutrition Research Center Staff Publications

In solid organ transplantation, especially renal transplantation, for the induction of immune tolerance, accumulating evidence has revealed that Regulatory B cells (Breg) play a crucial role in stimulating immune tolerance, alleviating immune responses, and improving graft survival. We describe the heterogeneous nature of Bregs, focusing on their defining surface markers and regulatory functions. Meanwhile, the major cytokine secretion function and the correlation between Breg and Treg or other immune checkpoints to balance the immune responses are addressed. Furthermore, we summarized the intrinsic and extrinsic pathways or costimulatory stimuli for the differentiation from naïve B cells. More importantly, we summarized the …

Ethical Considerations For Teaching With Artificial Intelligence: A Scoping Review In Medical Education Settings, Amani Itani, Susie L Gronseth, Salma Musaad, Thuy Nguyen, Yiming Mirabile, Bettina M Beech

Children’s Nutrition Research Center Staff Publications

In the evolving realm of medical education, where artificial intelligence (AI) technologies play an increasingly pivotal role, embedding AI ethics within educational frameworks has become crucial. This scoping review explores the breadth of literature concerning ethical considerations for teaching with AI in medical education settings. Following the Preferred Reporting Items for Systematic Reviews and Meta-analyses extension for Scoping Reviews (PRISMA-ScR) guidelines, the team analyzed 82 peer-reviewed English-language articles published between 2018 and October 2023, sourced from PubMed, Embase, and Web of Science. The review presents insights into the geographic distribution of studies, publication trends, article types, common keywords, areas of …

Mody Calculator And Clinical Features Routinely Used To Distinguish Mody From Type 2 Diabetes In Adults Perform Poorly For Youth Clinically Diagnosed With Type 2 Diabetes, Raymond J Kreienkamp, Beverley M Shields, Toni I Pollin, Amy S Shah, Angela D Liese, Anna Bellatorre, Catherine Pihoker, Mustafa Tosur, Jose C Florez, Shylaja Srinivasan, Andrew T Hattersley, Miriam S Udler, Maria J Redondo

Children’s Nutrition Research Center Staff Publications

No abstract provided.

Predicting Federal Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …

Formal Victories And Roads Not Taken: Excavating Departures And Throughlines In Challenges To The Place Of Marriage, Linda C. Mcclain

Faculty Scholarship

A decade after Obergefell, Professor Mayeri’s fascinating and meticulously detailed new book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law, tells the stories of “marriage’s challengers,”from the 1960s to the beginning of the twenty-first century.¹⁶ Along with the stories of some “well-known” lawyers, advocates, and scholars, Mayeri also “rescu[es]” the stories of now “obscure” Americans who “pushed marital boundaries” to protect their parental rights, their careers, or their “freedom to make decisions about their bodies and families.”¹⁷ Such rescue allows readers to “see change as a bottom-up as well as a top-down process.”¹⁸ Mayeri …

What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

Faculty Scholarship

The findings of replication studies conducted in the early 2010s led many to declare that science was in the midst of a “replication crisis.” Since then, a growing number of reforms have been proposed and tested. The field of empirical legal studies seems behind other fields such as psychology, economics, political science, medicine, biology, and others that have taken significant steps toward uncovering the general reliability of the field’s empirical work, investigating the causes of observed unreliability, and instituting and testing the effects of various reforms. The purpose of this Article is to summarize what we know about the reliability …

Judicial Accountability, Anya Bernstein

Faculty Scholarship

Judicial decisions are moving ever more authority over regulatory statutes away from agencies and to courts instead. One justification offered for this power transfer: agencies lack the accountability of courts. This Article takes up that claim, assessing the institutions’ relative capacities for accountability in their authoritative interpretations of regulatory statutes—agency regulations and court rulings. I take accountability to involve actors undertaking reasoned decisionmaking grounded in publicly recognized values and facts and justifying their decisions to others who can evaluate, influence, or override those judgments. Accountability thus involves a give and take: it gives an account of government reasoning to a …

Understanding Federal Rule Of Evidence 104(B) On Building Walls And Missing Bricks, Len Niehoff, Shannon Hickey

Articles

We use individual pieces of evidence to construct our cases, recognizing that no one of them, taken in isolation, suffices to get the job done. As Professor McCormick famously said of evidence, “a brick is not a wall.” Federal Rule of Evidence 104(b) explains the logical relationship between those various pieces of evidence and how they help us build our proofs. Or perhaps we should say that the rule tries to explain it, without much success.

2025 Digital Commons And Experts Annual Report, Amanda Steinvall

Publications 2026-present

No abstract provided.

Commentary: Impact Of Resistance Training Intensity On Body Composition And Nutritional Intake Among College Women With Overweight And Obesity: A Cluster Randomized Controlled Trial, Joshua L Keller, Sarah E Deemer, Gian Luca Di Tanna, Sherri L Pals, Kevin R Fontaine, David B Allison

Children’s Nutrition Research Center Staff Publications

No abstract provided.

If The Body Keeps The Score, What Happens When You Bring The Body To Work? Exploring The Health Effects Of Trauma On Human Capital, Lisa Jones Christensen, Elizabeth Embry, Arielle Badger Newman, Paul C. Godfrey

Faculty Publications

Data reveal that the physical effects of trauma exposure increasingly surface in business, social, and other settings. Exposure to trauma at any point in life can cause employee health concerns, yet many firms do not acknowledge or address this. Herein, we combine trauma theory with human capital theory to explain how manifestations of trauma exposure—hyperarousal, intrusion, and constriction—impact employee health and performance. This article outlines how each manifestation affects human capital deployment, and thus employee performance. It further demonstrates how these human capital deployment issues have individual- and unit-level performance implications. This article offers a theory linking health effects of …