Digital Commons Network^™

Beyond The Editorial Analogy: First Amendment Protections For Platform Content Moderation After Moddy V. Netchoice, Alan Rozenshtein, Kyle T. Langvardt

Articles

This Article examines the Supreme Court’s 2024 decision in Moody v. NetChoice and its implications for social media platform regulation. In Moody, which addressed state laws requiring platforms to host certain content, the Court issued a complex set of opinions that left the scope of platforms’ First Amendment rights uncertain. On the procedural question of how such laws may be challenged, the Court provided a clear holding: it rejected facial challenges to broad content-moderation laws, instead requiring case-by-case analysis of how specific regulations affect different platform features—a shift that undermines the tech industry’s longstanding litigation strategy. But on the …

Women And Corporate Governance: Time Horizons And Stakeholder Analysis, June R. Carbone

Articles

This Article will build on my earlier work with Naomi Cahn and Nancy Levit to use the fate of women in individual companies to shine new light on the temporal orientations underlying corporate and labor and employment law and provide a basis for a new foundation for a combined approach. This Article will first explain why the shift to shareholder primacy, and the accompanying emphasis on short-term results tied to high stakes bonus pay, disproportionately short-changes female employees, whether in management or in line positions. The Article will maintain that it is not the shift to shareholder primacy in isolation, …

Anticipating A New Modern Skidmore Standard, Kristin E. Hickman

Articles

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “respect” or “weight” under the Skidmore standard during judicial review. Yet, the Court in Loper Bright offered only a few limited references regarding Skidmore as a doctrine, with little guidance regarding what judicial review under Skidmore ought to look like. The Court might not have felt the need to elaborate, as courts have been applying Skidmore for eighty years. As applied, however, Skidmore is a more complicated doctrine than many people realize. An extensive Skidmore jurisprudence exists, with nuances that at …

Legal Scholarship Through The Lens Of Generative Ai, Darkly, Andrew Martineau, Loren Turner

Articles

Unlike traditional search engines limited to connecting users to original source content, generative AI systems produce new, ad-hoc sources of information derived primarily from patterns in their training data and information fed into the system as context. As such, generative AI systems can play a mediating role between users and information sources, especially when these systems are integrated into databases and web search engines. This article examines how GPT-4 (ChatGPT) interacts with law review articles, revealing its unreliability in summarizing them independently but notable accuracy when provided with full-text input. Retrieval augmented generation (RAG) offers a potential solution for improving …

Scientific And Technical Expertise After Loper Bright, Sapna Kumar

Articles

Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …

Unbecoming Public Benefit Corporations, Brett H. Mcdonnell

Articles

Becoming a Public Benefit Corporation by Michael B. Dorff1 is a strong, useful book, clear and well-written. Addressed in good part to entrepreneurs and investors, its sub-title encapsulates much of its core message to them: "Express Your Values, Energize Stakeholders, Make the World a Better Place." I see the book as making two core points. First, benefit corporations are a reasonable legal form for entrepreneurs and investors to adopt. Second, this new legal form may help companies do a better job of behaving in a socially responsible way, though this point is less certain than the first, and benefit corporations …

Abuse Of Power In The Workplace: The New Gender Discrimination Claims, June R. Carbone, Nancy Levit, Naomi Cahn

Articles

This article draws on our book, Fair Shake: Women and the Fight to Build a Just Economy, to show how the fight for gender equality has changed. Antidiscrimination laws took hold during an era of relative economic equality; the fight for gender equality was a fight to gain access to the rights of white men. Today’s economy creates much greater inequality and reserves the greatest rewards for a much smaller group, again predominately white and male, who can defy the rules and get away with it. In such contexts, anti-discrimination law premised on a fight for equality can provide only …

Phyllis Schlafly And How Forgetting Women's Struggles For Equality Perpetuates Inequality, Jill Elaine Hasday

Articles

In a nation whose Constitution purports to speak for “We the People,” too many of the stories that powerful Americans tell about law and society include only We the Men. A long line of judges, politicians, and other influential voices have ignored women’s struggles for equality or distorted them beyond recognition by wildly exaggerating American progress. Even as sexism continues to warp constitutional law, political decisionmaking, and everyday life, prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind.

This symposium essay draws on my book, We the Men, to …

Estimating Per-Infection Cost And Burden For Dengue And Zika As A Function Of Antibody-Dependent Enhancement, Christopher M. Kribs

Mathematics Faculty Publications - Archive

The complex immune interactions produced by the tetravalent dengue vaccine Dengvaxia have foregrounded the important role of antibody-dependent enhancement (ADE) in dengue infection. Some evidence exists that ADE may extend beyond the four dengue serotypes to Zika, a closely related flavivirus transmitted by the same mosquito species as dengue, and may also account for the increased severity of some cases. Estimates of the public health impact of dengue vaccination may then need to include its effects on the transmission of Zika in addition to dengue. This study gathers primary references to build estimates of per-case economic cost and disease burden …

Applying The Regulatory Report Card To Tax Regulations, Kristin E. Hickman, Bridget C.E. Dooling

Articles

An invited contribution to an issue of the Journal of Benefit–Cost Analysis honoring the work of the late Dr. Jerry Ellig, this essay recognizes and draws upon the Regulatory Report Card methodology developed by Ellig and Dr. Patrick McLaughlin to evaluate the quality of regulatory impact analysis published by federal government agencies in conjunction with notice-and-comment rulemaking. The essay anticipates a forthcoming study of changes to tax regulatory practices as a result of a 2018 Memorandum of Agreement between the Treasury Department and the Office of Information and Regulatory Affairs – a study the authors discussed and hoped to conduct …

The Necessary And Proper Clause And The Law Of Administration, Ilan Wurman

Articles

The Necessary and Proper Clause authorizes Congress to establish and shape the administrative state. But the Necessary and Proper Clause is rarely cited in the relevant Supreme Court opinions or litigant briefs. This is a mistake. In several of the Court’s recent prominent cases, the Necessary and Proper Clause’s meaning and effect could have been dispositive. This Article makes that case. It demonstrates that there are plausible arguments against the Supreme Court’s removal and Seventh Amendment jurisprudence as they relate to public administration, though this Article takes no strong position on those arguments. The Court recently and correctly held, on …

Ai Assistance In Legal Analysis: An Empirical Study, Jonathan H. Choi, Daniel Benjamin Schwarcz

Articles

No abstract provided.

Liability, Property, And Inalienability Rules In Employee Data Regulation, Matthew T. Bodie

Articles

Legal protections for workers’ data have usually taken the form of privacy protections designed to deter data processing that is excessive or invasive. Such protections generally fall into the category of liability rules, under which rights can be infringed as long as compensation is provided for the violation. As Guido Calabresi and A. Douglas Melamed have described in “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” liability rules are contrasted with either property rules that prevent the involuntary transfer of rights or inalienability rules that prohibit rights transfers altogether. This article explores how property rules and inalienability …

Free Speech And Incorporation: A Reassessment, Ilan Wurman

Articles

Many of the Supreme Court’s most controversial free speech decisions involve state laws. In Gitlow v. New York, the Court assumed that the First Amendment’s guarantee of freedom of speech applied directly against the states via the Fourteenth Amendment, a doctrine today referred to as incorporation. Yet there is reason to doubt incorporation is correct as a matter of the original meaning of the Fourteenth Amendment. Indeed, much of the historical evidence involves debates over the freedom of speech, but none of the historical actors seemed to think the First Amendment applied against the states. This short essay evaluates the …

The Cycle Of Giving:, Sarai Brown

BYU Asian Studies Student Journal

On one hot summer day in the middle of a 3-month stint studying Mandarin Chinese at National Chung Hsing University (NCHU) in Taichung, Taiwan, my friends and I were desperate to sate our appetites after class, even in the atrociously hot and humid conditions. Most of our little group was drawn to a 牛肉麵 niúròu miàn (beef noodle) shop, but the thought of hot soup on a day like this drove me and a couple of others to continue our search. We stumbled upon another outdoor restaurant—though “restaurant” is perhaps a loose term for the holey-tent-covered food stand with mismatched …

2. Leveraging Open Pedagogy To Create An Authentic And Renewable Curriculum, Erin Mckenney, Sam Winemiller, Hillary Fox, David Tully, Will Cross

Open Educational Resources For and As Assessment

The high cost of course materials is a barrier for many students, and traditional assessments often fail to inspire engagement. To address these challenges, NC State University Libraries promotes open course materials and open-enabled practices. Since 2014, the Alt-Textbook Project has helped faculty incorporate Open Educational Resources (OER) into their syllabi, reducing textbook costs and supporting innovative educational approaches. This effort was enhanced with the Open Pedagogy Incubator, a multi- semester program bringing together librarians and interdisciplinary faculty to redesign courses around open- pedagogical practices. Dr. McKenney, an incubator participant, redesigned her advanced undergraduate course on Applied Ecology (AEC 400) …

3. Checkit Oer Assessment Generator, Steven Clontz, Sharona Krinsky, Drew Lewis

Open Educational Resources For and As Assessment

The CheckIt framework is an open educational technology for authoring randomized exercises, banks, and assessments for mathematics. Technological means facilitate the easy sharing and modification of open-source templates and generators authored in the framework to be used both in classrooms as well as to support educational research; case studies in this paper illustrate its use in both contexts, and describe its use in both small and large classrooms.

6. Oer As Assessment; Assessment As Oer: Collaborative Oer Creation And Assessment In Language And Culture Courses, Michael Tadeusz Dabrowski, Angela George

Open Educational Resources For and As Assessment

This chapter describes the transformative integration of Open Educational Resources (OER) utilized as assessments in language courses at two distinguished Western Canadian universities. It explores how OER, underpinned by a commitment to collaborative learning and evaluation, reshape educational practices. Through collaborative maps, peer editing, and renewable assignments, educators and students collectively contribute to the creation of a repository of knowledge, embracing a pedagogical paradigm that values student engagement and deepens their understanding of OER. This process demonstrates the ability of OER to redefine academic assessment and collaboration, showcasing how OER can transform the educational experience into a more engaging, enriching, …

12. Teaching Excellence Plus: The Teaching Philosophy Statement As Creative Platform For Strategic Self-Promotion, Miranda Yaggi Rodak, Gabrielle Stecher Woodward

Documenting Teaching Excellence

Theoretically, the teaching philosophy statement (TPS) is a self-reflective document that articulates your core beliefs as an instructor about teaching and learning and explains your values, goals, and strategies for fostering student success. But let’s face it: the TPS can feel like the most awkward and performative of professional documents—an uncomfortable hurdle to jump with every application, annual review, and promotion, which makes many instructors, regardless of rank, dread writing (and rewriting) it. At its best, the TPS captures your authentic voice and professional identity, and it paints a clear picture of how you approach the classroom. Yet, in practice, …

Harmonic Analysis Of Currents Within Humboldt Bay, Caitlin J. Williams, Ula Brucker, Jaden Mccarthy, Noe Noe Camarillo, Taylor Juchau, Steven Gracy, Max Serrano, Karina Bernbeck, Emma Modrick, Isabelle Marcus, Simon Kurciski, Isis Kees, Tamara Beitzel Barriquand

IdeaFest 2025

Multiyear time series of current data measured by 2 horizontal SonTek/YSI ADCPs placed mid-depth in the water column at 2 different locations in Humboldt Bay, CA, a shallow, tidally-driven estuary in northern California, were analyzed to determine the contributions of different harmonic frequencies within the bay. Spectral analysis of the time series revealed that the currents are dominated by several tidal harmonics. The 3 dominant frequencies include M2, K1, and O1, but their contribution varies spatially between the two station locations. Additional frequencies in the data indicate overtides, as well as potential interference with topography and the more variable wind-induced …

Toward Automated Thesis Classification: Open-Sourced Ai Foundations For Libraries, Courtney Rowe

IdeaFest 2025

University libraries often face challenges in making student research more accessible. Manual tagging of theses is time-consuming, while commercial AI tools can be costly and limit institutional control. This project, in collaboration with the Cal Poly Humboldt Press and the TIDE computing cluster, fine-tuned an open-source AI model, ModernBERT, to automatically classify theses using the UN Sustainable Development Goals. The model performed well, demonstrating a promising, cost-effective approach for libraries to enhance research discoverability while retaining ownership and flexibility.

Making Sense Of Dyspraxic Senses Using Exercise, The Effects Of Bodyweight Exercises On Proprioception In Individuals With Developmental Coordination Disorder, Evan Jackson

IdeaFest 2025

People with Developmental Coordination Disorder (DCD) have poor motor coordination which interferes with daily activities of living. One potential reason for the impairment of motor skills that people with DCD have is a decreased sense of proprioception. Proprioception is the sense of where your body is in space and where body parts are in relation to one another. Exercise can increase proprioception. The purpose of this project is to investigate the effects of bodyweight exercise (BWE) on proprioception in people with DCD. BWE have been found to increase proprioception, static and dynamic balance, and motor function.

Effects Of Non-Invasive Rehabilitation For Baseball Players Recovering From Tommy John Surgery: Optimizing Safe & Efficient Return To Play, Lexanee Inzunza

IdeaFest 2025

Baseball pitchers often suffer ulnar collateral ligament (UCL) tears due to repetitive, high-velocity throws. These injuries are commonly treated with Tommy John Surgery (TJS), which requires a 12–18 month recovery. While TJS is effective, its long rehab has led to rising interest in non-invasive options like physical therapy, PRP, stem cells, and biomechanical training. These methods show promise for moderate injuries, offering shorter recovery and fewer risks. More research is needed, but individualized non-surgical care may support a safer, more efficient return to play.

What Is An American? A History Course Proposal, Nathan Walsh

SPARK Symposium Presentations

“What is an American? A History Course Proposal” is designed to be an introductory college-level course that encourages interest in history among the students and develops critical thinking skills throughout the course. That also implements and combats the use of AI in the classroom through a practical and beneficial strategy. The course content focuses on the cultural and legal history of American citizenship and immigration in the United States.

Reclaiming The Genius Of A Free State, Tennessee's Forgotten Anti-Monopolies Clause, Braden H. Boucek

Belmont Law Review

This article argues that Tennessee’s Anti-Monopolies Clause—enshrined in Article I, Section 22 of the Tennessee Constitution since 1796—has been systematically underenforced and misconstrued by Tennessee courts. Although the constitutional text unequivocally provides that “monopolies are contrary to the genius of a free State and shall not be allowed,” judicial interpretation has diluted this categorical prohibition by importing deferential federal rational basis review and engaging in “lockstepping” with federal substantive due process doctrine. The author contends that this approach is doctrinally unsound because the U.S. Constitution contains no analogous anti-monopoly provision, rendering federal precedent inapposite. Through historical analysis grounded in originalist …

Regulating Artificial Elections, Courtney A. Barclay

Belmont Law Review

This Article examines the growing role of artificial intelligence in shaping modern election discourse and the resulting tensions with First Amendment doctrine. Focusing on generative AI, deepfakes, chatbots, and synthetic media, the Article evaluates whether existing campaign finance laws—particularly disclosure and disclaimer requirements—adequately address AI-driven distortions in the electoral marketplace of ideas. Surveying the Federal Election Commission’s 2024 interpretive rule on fraudulent misrepresentation, emerging state legislation regulating synthetic media, and proposed federal reforms, the Article argues that current legal frameworks are both constitutionally constrained and practically insufficient. Drawing on the AdChoices model from data privacy regulation, it proposes a hybrid …

But-For Or Not But-For, The Question Is Answered, Samuel Rawlings Barnett Jr.

Belmont Law Review

In But-For or Not But-For, the Question Is Answered, Samuel Rawlings Barnett Jr. examines the ongoing federal circuit split regarding the appropriate causation standard for retaliation claims under the Family and Medical Leave Act (FMLA). While some circuits apply a “motivating factor” standard, others require plaintiffs to prove “but-for” causation. The Note situates this division within the Supreme Court’s broader shift in employment discrimination jurisprudence from the mixed-motive framework of Price Waterhouse v. Hopkins to the stricter “but-for” standard articulated in Gross, Nassar, and Comcast. Through close statutory analysis of 29 U.S.C. § 2615(a)(1) and § …

Teaming With Technology: Adaptive Automation In Joint Cognitive Systems For Industry 5.0, Jessica Johnson

Virginia Digital Maritime Center (VDMC) Faculty Publications

Adaptive automation enables dynamic reallocation of functions between people and autonomous agents to improve performance in complex work. This paper presents a meta-analysis of experimental and quasi-experimental studies (2000-2025) on joint cognitive systems in industrially relevant contexts, quantifying effects on task performance, safety/failure management, workload, trust, and learning. Across studies, adaptive automation reliably reduces operator workload and shows moderate gains in task performance and safety, with healthier trust dynamics when adaptations are triggered by human-state or event cues, made transparent to the user, and remain rapidly overridable. Risks emerge when performance-triggered switching is opaque or poorly timed, which can erode …

Efficacy Of Deferoxamine Mesylate In Serum And Serum-Free Media: Adult Ventral Root Schwann Cell Survival Following Hydrogen Peroxide-Induced Cell Death, Yee Hang Ethan Ma, Abhinay R. Putta, Cyrus H. H. Chan, Stephen R. Vidman, Paula V. Monje, Giles W. Plant

Neurosurgery Faculty Publications

Schwann cell (SC) transplantation shows promise in treating spinal cord injury as a pro-regenerative agent to allow host endogenous neurons to bridge over the lesion. However, SC transplants face significant oxidative stress facilitated by ROS in the lesion, leading to poor survival. deferoxamine mesylate (DFO) is a neuroprotective agent shown to reduce H₂O₂-induced cell death in serum-containing conditions. Here we show that DFO is not necessary to induce neuroprotection under serum-free conditions by cell survival quantification and phenotypic analysis via immunohistochemistry, Hif1α and collagen IV quantification via whole cell corrected total cell fluorescence, and cell death …

8. Many Stories Matter, So Let Us Make Them Accessible: Transforming Student Literature And Essays To Open Anthologies, James Thibeault

Open Educational Resources For and As Assessment

This chapter delves into the concept of open literature, emphasizing the importance of creating accessible and diverse literary works through open pedagogy. It explores the definition of open literature, distinguishing it from analytical and instructional resources, and highlights current examples of open literature initiatives. Throughout the chapter, it outlines methods for designing open literature anthologies through classroom assignments, including the integration of auxiliary works and the selection of appropriate open licenses. Finally, it discusses various open publication options for these anthologies. Overall, the chapter aims to foster a more inclusive and representative literary landscape that benefits both current and future …