Digital Commons Network^™

The Original Function Of Tax Apportionment, Conor Clarke, Peter J. Wiedenbeck

Scholarship@WashULaw

The Constitution’s requirement that direct taxes be apportioned by state population is both confounding and important. At best, tax apportionment is regarded as reflecting the unique federalism concerns of the Founding; at worst, it is viewed as a tainted product of the constitutional compromise over slavery. And, in light of the Supreme Court’s decision in Moore v. United States (2024)—which refused to rule out that apportionment might be required for taxes on unrealized gains—tax apportionment is the subject of renewed legal and scholarly interest.

We consider one historical dimension of tax apportionment that has not been developed elsewhere: its original …

Lessons Learned From The Trump Rule Of Law Stress Test: Beware Bad Faith Actors, Brian Z. Tamanaha

Scholarship@WashULaw

The second Trump Administration has engaged in a vast swath of actions that press against the outer boundaries of legality. These actions provide a unique opportunity to identify potential vulnerabilities and expose how the rule of law can be undermined. While I will elucidate well-known points along the way, my primary aim is to bring out aspects of the rule of law that usually go unnoticed or under the radar. After setting out basic aspects of the rule of law, I cover three topics: 1) adhering to the truth, 2) pretextual arguments, and 3) flooding the field with actions and …

Brief In Support Of Respondents As Amici Curiae, Donald J. Trump, President Of The United States, Et Al. V. Rebecca Kelly Slaughter, Et. Al, No. 25-332, Andrea Scoseria Katz, Jonathan Gienapp

Scholarship@WashULaw

In the years since this Court’s decision in Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020), legal historians—including originalists—have unearthed a rich body of evidence challenging the conventional wisdom concerning the scope of the President’s removal powers at the Founding. Revisiting not only the Framers’ intellectual influences, but also their driving philosophical concerns and political incentives, this scholarship explains that removal authority was not understood to be vested exclusively in the President as a matter of settled constitutional law, but rather was permissibly exercised by various actors in various ways, intentionally not settled by the …

Separation-Of-Powers Lochnerism, Andrea Scoseria Katz

Scholarship@WashULaw

One hundred and twenty years ago, the Supreme Court handed down one of the single most notorious opinions ever rendered, striking down a New York labor law for violating a right to contract found nowhere in the text of the Constitution. The era of Lochner v. NY (1905) is well past us, but not the judicial impulses that gave rise to the case. With a new champion in the Roberts Court, Lochnerism is alive and well, deployed in a new context to redefine the relationships between the President, Congress, federal agencies, and the courts. Bringing together two lines of case-law-on …

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

Scholarship@WashULaw

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …

International Space Law Under The Trump Administration: Commerce And Security, Melissa (M.J.) Durkee

Scholarship@WashULaw

Early themes of the second Trump administration's orientation toward international space law include military assertiveness, privatization, and nominal diplomatic engagement. These themes carry significant implications for international space law. They pressure longstanding international legal ambiguities, widen existing geopolitical divisions, and raise questions about how public-private interdependence will shape state responsibility and the development of norms in space. This essay was prepared for a special issue of the American Journal of International Law that offers an introduction and overview of the U.S. government's actions across a wide range of international legal issues in the first six months of President Trump's second …

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 …

Betwixt And Between: Restorative Justice, Dei, And Education Carcerality, Thalia Gonzalez, Alyssa Faith Scott

Faculty Scholarship

American K-12 public education is at a critical anti-civil rights inflection point amidst a rapidly changing landscape of federal and state education law and policy. From local anti-literacy measures to state “three strikes” exclusionary school discipline legislation to punitive federal executive orders, new legal mechanisms are conjoining to produce public school climates marked by structural violence, and the erasure of students with multiple marginalized identities. Attending to these political and legal realities is a growing cluster of legal scholarship empirically categorizing, and theoretically challenging, the rise of such anti-education civil rights obstructions. Though diverse in scope, analyses prominently center the …

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.

Molecular Insights Into The Impact Of Bone Marrow Stroma, Cb-6644 Inhibition Of The Ruvbl1/2 Complex, And Cebpβ On Regulating Drug Sensitivity In Multiple Myeloma, Sebastian Adam Dziadowicz

Graduate Theses, Dissertations, and Problem Reports (ETD)

Multiple myeloma (MM), is a hematological cancer originating in plasma cells. Currently multiple myeloma represents a significant clinical challenge due its incurable nature mainly due to inevitable drug resistance. MM is characterized by abnormal plasma cell proliferation within the bone marrow and production of abnormal immunoglobulin resulting in a plethora of physiological abnormalities. Although a rare malignancy, MM accounts for 1% of all cancers and currently has five-year survival rate of around 50%. Utilizing a combination of laboratory experiments and bioinformatics techniques, this dissertation examines multiple layers of MM physiology in the context of regulating drug resistance or sensitivity. First, …

Bargaining For Statehood: The Intersection Of Capitalism And Politics In The Creation Of West Virginia, Kristen L. Bailey

Graduate Theses, Dissertations, and Problem Reports (ETD)

This project explores the original architecture of West Virginia. The plans and deliberate construction of the new state not only represented the longstanding desire of western counties for equitable representation in its legislature but also rested on the economic and political ambition of the movement’s leaders. Not all western counties supported independent statehood, and a substantial number of counties favored secession. Without a cohesive citizen consensus to embark upon statehood, traditional narratives that the western counties embarked on statehood solely to protect republican interests bears further investigation. Lacking a unified front, political and business leaders steered the movement through the …

Supporting The Social Emotional Needs Of Preschoolers, Giorgi Morrone

Graduate Theses, Dissertations, and Problem Reports (ETD)

Social-emotional competence is a prerequisite to school performance and participation in daily tasks. Children in West Virginia face social and emotional barriers including the effects of the opioid epidemic leading to children placed in foster care, born with neonatal abstinence syndrome, and being exposed to toxic stress in the home environment. Additionally, the COVID-19 pandemic has impacted children's social-emotional functioning due to isolation periods. Social-emotional programming can improve children's well-being, school performance, relationships, and outcomes later in life. Occupational therapy practitioners can use data-driven decision-making and relationship-centered practice to develop group-based, health-promotion social-emotional programming in the preschool setting. The purpose …

Romantic Materialities And The Politics Of Care: Negotiating Movement In A More-Than-Human World, April J. Mcginnis

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the ecological politics of movement in Romantic literature. It contributes to a growing body of scholarship that investigates the important role that walking played in nineteenth-century literary culture. Many authors from this period cast walking as a practice that frees up not only the body but the mind as well, as the steady rhythm of the feet lulls the walker into a state of self-absorbed introspection and heightened creativity. Because of this, walking was a celebrated part of the creative process for many writers. The freedom they celebrate is possible, however, only in spaces that are level, …

Mourning And Haunting In Irish Gothic Fiction From The Victorian Era To Modernism, Wenyu Kong

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores how three Irish modernist writers, Elizabeth Bowen, Dorothy Macardle, and James Joyce, incorporate and reimagine tropes from the Victorian Gothic Revival to address Ireland’s uneven modernity in the first half of the twentieth century. I argue that the Irish Gothic tradition is essential for these writers to express their reflection and reaction to ongoing cultural and social turmoil in Ireland’s process of modernization during the foundation of the postcolonial Irish state. Extending Sheridan Le Fanu’s Big House Gothic legacy, Elizabeth Bowen creates haunted spaces in The Last September (1929) to describe Anglo-Ireland’s precarious situation during the War …

Rifles And Riflemen: Material Culture, Violence, And Early American Identity, 1720 -- 1820, John Bradstreet Weaver

Graduate Theses, Dissertations, and Problem Reports (ETD)

The rifle was one of many material objects which colonists of British North America brought with them from Europe. Starting in the early eighteenth century, German-speaking settlers in Pennsylvania began to manufacture rifles from locally made and imported parts. These rifles became associated with other material objects – namely a system of dress, which included wearing a whitetail deer’s tail in the hat, the hunting shirt, and forms of Native American dress – which became emblematic of some British colonists who used rifles in hunting and war. Rifles became militarily important in the Seven Years’ War, where Native American warriors, …

Peace Education: Exploring Educational Possibilities, Erica Ferrer Ariza

Graduate Theses, Dissertations, and Problem Reports (ETD)

Peace Education is a growing field of study that includes different approaches to understanding and promoting peace, conflict resolution, and social justice. Peace education can be a strategic area for societies that have experienced various forms of direct or indirect violence as is the case of Colombia, South America, which has undergone prolonged periods of violence and internal conflict. Considering that peace is contextual and should be defined and decided on by the people involved in the target context, this work aims to illuminate how a peace education process can be experienced by teachers and students and the forms it …

Predictors Of Success In Whole-Classroom Narrative Interventions For Elementary School Children, Malia Sayavong

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

Predictors of Success in Whole-Classroom Narrative Interventions for Elementary School Children

Malia Sayavong

Purpose:

Developmental Language Disorder (DLD) is a neurodevelopmental communication disorder that significantly affects a child’s ability to acquire and use language for speaking, listening, reading, and writing. Children with DLD often experience persistent difficulties with vocabulary, grammar, comprehension, and narrative construction, which can interfere with academic achievement and social interaction. Classroom-based narrative interventions have shown promise in supporting language growth in this population, yet not all students benefit equally. Multiple individual characteristics—including language profiles, cognitive abilities, and environmental factors—may influence intervention outcomes. Therefore, the purpose of …

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 …