Digital Commons Network^™

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Lockstepping Structure, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

The new judicial federalism is now entering its early middle age. As it has matured—moving from rights to structure—it has become more complicated in its application. For if one were to take arguments about state experimentation and interpretive flexibility to their logical conclusion, there is no reason state legislative, executive, and judicial powers should stay in lanes demarcated by federal constitutional law. Easily amended state constitutions and elected judges support theories of judicial function more akin to statewide legislative policymakers than passive judicial magistrates. Positive rights in state constitutions would seem to demand recalibration of the rules of standing and …

Lethality And The Historical Principles Of Arms Regulation, Darrell A. H. Miller, Jennifer Tucker, Peter Rutland, Stephen Hargarten

Public Law and Legal Theory Working Papers

Second Amendment “arms” jurisprudence is a muddle. Lower courts have been obliged to craft various approaches from Supreme Court decisions that appear to point in different directions.

We propose that the scope and protection of Second Amendment “arms” could be calibrated to a single, shared metric across all weapon types–lethality. Lethality captures the issue that everyone cares about: whether one advocates for gun rights or for gun violence prevention.

Lethality helps make legible the changes in weapons technology over time and explains the principle that underlies traditional regulation of “dangerous and unusual” weapons. The more lethal a weapon is, the …

General Law Revivalism And The Problem Of 1938, Jack Landman Goldsmith, Curtis Bradley

Public Law and Legal Theory Working Papers

From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of “general law” to resolve a wide range of legal issues, including issues relating to commercial law, tort law, international law, conflict of laws, equity, and procedure. This general law regime became politically fraught and difficult to administer, and the Supreme Court repudiated it in Erie, declaring that “there is no federal general common law” and requiring the federal courts to ground all rules in either federal or state law. Erie and its progeny created what this Article terms the …

Cheap Violence: Weapons And The Law, Joseph Blocher, Darrell A. H. Miller

Public Law and Legal Theory Working Papers

A primary task of law is to control violence. Nearly every imaginable rule-of-law value depends on the success of that endeavor, and some of the most foundational works in legal and political theory begin with an effort to understand the relationship between law and violence. Many of those works were written during periods where the lines between law and violence were blurred, and current threats to the rule of law have sparked renewed interest in the structural interactions between law, violence, and the state.

Missing from this discussion has been a comparably deep analysis of the relationship between law and …

What Is Oral Argument In The Supreme Court For?, Lee Epstein, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …

Patrimonial Constitutionalism, Aziz Z. Huq

Public Law and Legal Theory Working Papers

The means and the ends of federal power are experiencing a sea-charge. Pardons are freely granted—but only to political allies or political foes who might be coaxed into switching sides. Baseless federal criminal investigations are opened against other political foes. Probes into allies’ corruption are abandoned. Independent federal agencies responsible for defending the public sphere use their regulatory authority to openly advance politically allied voices, while stifling criticism of those in power. Federal money is explicitly wielded as cudgel and bribe to induce partisan loyalty. These and similar ways of flexing federal power add up to more than the sum …

Prescribing Religion: The Ten Commandments On Classroom Walls, Samuel L. Bray, Nathan S. Chapman, Brent A. Strawn

Public Law and Legal Theory Working Papers

Several states have recently enacted laws requiring the display of the Ten Commandments in public schools. This Article considers the application of the Establishment Clause to these statutes. First, it examines the history of England and its North American colonies to show that a central feature of an established religion was the government’s prescription of particular religious beliefs and practices. Second, it demonstrates that choosing one version of the Ten Commandments to display in public school classrooms necessarily specifies particular religious beliefs. This is in contrast to expressions of generic providentialism that the founders understood the Establishment Clause to permit. …

Slicing Spontaneity, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

The First Amendment, Federal Employees, And The War On The “Deep State”, Sonja Starr

Public Law and Legal Theory Working Papers

This essay analyzes, from a First Amendment perspective, the second Trump administration’s efforts to align the federal workforce with its ideological preferences. The administration has broad powers to reshape the executive branch’s policy priorities and its messaging. But as I show with examples across the civil, military, and foreign services, it has gone beyond exercising those powers, retaliating against and restricting employees’ protected private speech and incorporating viewpoint- based conditions into hiring. These actions reflect a constitutional vision that stretches existing limits on public employee rights and, for many employees, subordinates those rights entirely when they conflict with purported Article …

Why General Law?, Samuel L. Bray, Christian R. Burset

Public Law and Legal Theory Working Papers

It has been almost a century since the Supreme Court said in Erie, “There is no general federal common law.” But the general law is in the middle of a controversial revival. Instead of siding with the adherents or detractors of general law, this Essay explores why general law emerges, and why it disappears. Three episodes of the emergence of general law are considered: the rise of general law in the late-eighteenth century British Empire, the rise of general law in the early American Republic, and the rise of general law in twenty-first century originalist and textualist scholarship. In each …

The Prehistory Of The Interim Docket, Aditya Bamzai, Samuel L. Bray

Public Law and Legal Theory Working Papers

Did the Supreme Court issue stays of lower court judgments before the modern era? This Essay explores the underappreciated history of the Supreme Court’s issuance of interim relief. As we show, the Supreme Court has relied on a wide variety of statutory and common law authorities to issue stays long before the recent controversies attending the “shadow” or “interim” docket. This history demonstrates that the Court has always had authority to fashion interim relief of some kind. More- over, it supports the conclusion that the Supreme Court’s authority under the All Writs Act exists even when a more specific statutory …

Inter-Agency Coordination, Jennifer Nou

Public Law and Legal Theory Working Papers

Conventional accounts portray agency design as the outcome of congressional and presidential quests for political control. This perspective aligns with administrative law’s preoccupation with agencies’ external constraints. The main unit of analysis from this point of view is the agency, and the central question is how political principals outside of the agency restrain it. In reality, however, agency actors must also abide by controls internal to the agency: how do these mechanisms arise and what explains their design? For their part, legislative and executive specifications invariably leave organizational slack. Agency heads thus possess substantial discretion to impose internal structures and …

Agglomerama, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Fee Simple Obsolete, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Urbanization has dramatically altered the way in which land generates and forfeits value. The dominant economic significance of patterns of land use and the opportunity costs of foregone complementarities have made the capacity to reconfigure urban property essential. Yet the architecture of our workhorse tenure form—the fee simple—is ill-suited to meet these challenges. The fee simple grants a perpetual monopoly on a piece of physical space—an ideal strategy when temporal spillovers loom large, interdependence among parcels is low, most value is produced within the four corners of the property, and cross-boundary externalities come in forms that governance strategies can readily …

Redundant Public-Private Enforcement, Zachary D. Clopton

Public Law and Legal Theory Working Papers

Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This seemingly dominant view stands in marked contrast to the reality of the modern regulatory state. Redundant public-private enforcement, in which public and private actors have overlapping authority to enforce the law, is ubiquitous. Redundant enforcement also is noticeably underrepresented in the substantial literature on private and public enforcement, which typically treats government agencies and private attorneys general as substitutes …

What Legal Authority Does The Fed Need During A Financial Crisis?, Eric A. Posner

Public Law and Legal Theory Working Papers

The financial crisis of 2007-2008 exposed gaps in the law that authorizes federal agencies to provide emergency liquidity support. This essay describes the ways in which legal constraints hampered response to the crisis, proposes reforms that would make possible a unified and strong response, and criticizes the Dodd-Frank Act for weakening, rather than strengthening, the crisis-response agencies.

Sinking Costs To Force Or Deter Settlement, William H. J. Hubbard

Public Law and Legal Theory Working Papers

This paper develops a simple but general model of suit and settlement given symmetric information. Plaintiffs and defendants can choose when and to what extent they sink litigation costs through the use of retainers and detailed pleading. I demonstrate sharp asymmetries in the ability of plaintiffs and defendants to use sunk costs strategically to obtain or deter nuisance-value settlements. The model accounts for the roles of the merits, litigation costs, and bargaining power; incorporates complaints and answers for which parties’ investments in pleading detail are endogenously determined; permits strategic default by the defendant; and nests several existing models of NEV …

Annual Report Of The Town Of Albany, New Hampshire For The Fiscal Year Ending December 31, 2025, Albany Town Representatives

Albany, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Does The Impact Of Volunteering On Health Differ By Wealth? [Research In Brief: Volunteering], Seoyoun Kim, Cal J. Halvorsen

Harvey A. Friedman Center for Aging

Volunteering among older adults has many potential health benefits; however, older adults with more wealth are also more likely to volunteer in the first place, raising the question of whether they are the ones reaping the most benefits. This study asked two questions: (1) Does formal volunteering improve self-reported health and reduce depressive symptoms in older adults? (2) Does the impact of volunteering on these outcomes differ between older adults in the lowest and highest wealth quintiles?

Walking The Line How Social Forces Shape Diabetic Foot Outcomes In The Texas Rio Grande Valley, Amanda L. Killeen, Stephanie N. Campbell, Naomie Jean, Juan Lopez-Alvarenga, Xuan Wang, Cyaandi Dove, Caroline E. Fife

School of Podiatric Medicine Publications

• Diabetes in the Rio Grande Valley is widespread and severe. Nearly 1 in 3 adults is affected, with foot ulcers and amputations occurring at rates far above state and national averages.
• Social drivers of health (SDOH) strongly influence outcomes. Poverty, uninsurance, limited education, transportation barriers, and distance from specialty centers delay care and increase amputation risk.
• Living conditions amplify risk. Colonias, unincorporated settlements often lacking clean water, sewer systems, or reliable electricity, make diabetes management and preventive foot care especially challenging.
• Data-driven identification of high-risk populations is critical. Zip code–level SDOH data, integrated into electronic medical records, can serve as …

Proteome-Based Identification And Validation Of Nxpe3 In Childhood Acute Lymphoblastic Leukaemia, Najia Tabassum, Yamna Khurshid, Basir Syed, Aftab Ahmad, Sadia Muhammad, Rehan Imad, Talat Mirza

Pharmacy Faculty Articles and Research

Background: Childhood acute lymphoblastic leukaemia (cALL) tends to metastasize to central nervous system. Treatment with antileukemic agents against CNS leukaemia is an essential component for cure in ALL. Hence, it is essential to identify biomarkers for CNS infiltration. Proteomics, supported by mass spectrometry, is the platform for exploring biomarkers in various biological samples, contributing to translational research. Objectives: This study aimed to identify the plasma proteome profile of children across different risk groups of cALL. Neurexophilin and PC-esterase family, member 3 (NXPE3), was validated. The protein-protein interactions (PPI) of NXPE3 were evaluated with bioinformatics analyses. Methods: Plasma …

Computational And Ai Literacy: Lessons Learned From Computer Science Education, Sharin Jacob, Yenda Prado, Quinn Burke

Journal of Computer Science Integration

This conceptual paper explores the intersection of computational thinking (CT) and artificial intelligence (AI) literacy, proposing a framework integrating AI literacy into existing computational literacy models. We argue that computational thinking (CT) skills form the foundation for AI literacy, and that lessons learned from decades of computer science (CS) education research can ably guide the development of AI literacy instruction for a wide range of  students and within integrative contexts. Drawing on Kafai and Proctor's (2022) conceptualization of computational literacy, as well as encompassing cognitive, situated, and critical dimensions, we extend their framework to advance our understanding of AI literacy. …

A Narrative Analysis Of Equity-Focused Cs Educators: A Multiple Case Illustration, Aleata Hubbard, Jen Tsan

Journal of Computer Science Integration

Background and Context. Equity-focused CS teaching is often prescribed as a solution for addressing disparities in K–12 CS participation and disengaging student experiences. However, adopting such an orientation can be challenging as it pushes educators to shift their teaching beliefs, identity, and practices. Objective. This study examines how the personal and professional experiences of four high school CS teachers influenced their paths to becoming equity-oriented practitioners. We illustrate variation in these developmental trajectories and advance theory building around equity-focused CS teacher identity development. Method. We utilized a multiple-case narrative inquiry approach, collecting data through in-depth, semi-structured interviews that included a …

Artificial Sense-Making Dataset, Jason A. Bengtson, John Sandstrom, Nathan Camp

NMSU Library: Datasets

No abstract provided.

Faculty Fellowships: Knot Theory In The Bay Area, Anthony Bosman

Faculty Publications

No abstract provided.

Going On Vocation, Rodney Palmer

Faculty Publications

No abstract provided.

Scripture Spotlight: What Was The Role Of The Scapegoat?, Roy Gane

Faculty Publications

No abstract provided.

Effect Of Density Irregularities On Radio Frequency Wave Propagation In Ionospheric Plasmas, Eun-Hwa Kim, Jay Johnson, Syun'ichi Shiraiwa, Nicola Bertelli, Masayuki Ono, Simon Wing

Faculty Publications

No abstract provided.