Digital Commons Network^™

Katz'S Imperfect Circle: An Empirical Study Of Reasonable Expectations Of Privacy, Tonja Jacobi, Christopher Brett Jaeger

Faculty Articles

Under Katz v. United States, the Fourth Amendment restricts government actions that infringe upon expectations of privacy that society recognizes as reasonable. This foundational test has long been criticized as circular, both because courts can shape the very expectations they seek to identify through their decisions and because governments can manipulate those expectations to expand the reach of their own power. But how do members of society decide what expectations are reasonable, and how do judges ascertain those expectations? And are expectations of privacy malleable even without deliberate manipulation?

This Article shows that the circularity critique is both understated …

Vice Capital, Andrew K. Jennings, Kimberly D. Krawiec

Faculty Articles

Academic and market interest in environmental, social, and governance (ESG) investing has grown markedly in recent years. Although less prominent, a substantial literature also explores whether “sin pays” in the public capital markets. This literature’s underlying theory is that social norms discourage the funding of businesses that promote vice. According to this theory, some investors—particularly institutions sensitive to social norms, such as pension funds and foundations—will shun vice investments. A consequence of this aversion is a “vice premium” for those investors who will invest in such companies. Largely unexplored, however, is what industries or business models qualify as “vice,” how …

Tort Liability For Failure To Age Gate: A Promising Regulatory Response To Digital Public Health Hazards, Matthew B. Lawrence, Brett Frischmann, Avi Sholkoff

Faculty Articles

Tort liability for failure to “age gate” is a promising legal response to the public health hazards of AI, social media, sports gambling, and other digital spaces. Tort liability for failure to “age gate” hinges liability for harms to minors on an app’s failure to take reasonable steps to prevent minors from gaining access or otherwise to apply appropriate governance rules, such as privacy-protective default settings or ensuring genuine parental consent. While no one legal response is a panacea, tort liability for failure to age gate carries several distinctive advantages that make it a particularly promising option at this stage …

Criminal Investors, Andrew K. Jennings

Faculty Articles

This Article reassesses the culpability of those who invest in law-breaking firms. Prosecutors currently treat investors as victims of corporate wrongdoing rather than as actors who might bear responsibility for it. This Article observes, though, that investment can facilitate, and even cause, illicit corporate activity. When investors intentionally contribute to those effects, substantive criminal law imposes liability on them just the same as it does on accomplices, conspirators, or principals in other contexts. Despite this formal parity, however, investor criminal liability is more a theoretical proposition than a practical reality.

This Article questions that status quo by asking whether and …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Faculty Articles

In her important book, Unwired: Gaining Control Over Addictive Technologies, Gaia Bernstein illustrates the value of a comparative approach, drawing lessons from fights around the regulation of tobacco and ultra-processed food for the regulation of social media. Building on Bernstein’s work, this symposium contribution aims to draw additional insight from experience with drug and gambling regulation for the regulation of social media, video games, AI, and other potentially-addictive technologies.

Specifically, after introducing Bernstein’s book and the foundation it lays, we draw six lessons from the study of psychoactive drugs and gambling. As we elaborate below: Lesson one is that …

Constitutionalizing Climate Rights, Mark P. Nevitt

Faculty Articles

This Essay proceeds in three Parts. In Part I, I describe and analyze which states have climate and environmental amendments within their state constitutions. Here, I focus on three states (Hawaii, Montana, and Pennsylvania) that have comparably strong Green Amendments and have experienced litigation in recent years enforcing these constitutional provisions. I describe and analyze three cases: Navahine F. v. Hawaii Department of Transportation (Hawaii), Held v. Montana (Montana), and Robinson Township (Pennsylvania). I argue that these three decisions—all of which enjoyed varying degrees of success—will spur greater efforts to constitutionalize state environmental rights. Indeed, there are grassroot efforts within …

Extramural Absolutism, Deepa Das Acevedo

Faculty Articles

As battles over academia escalate, an area of intensifying concern is the speech faculty engage in outside their professional functions—what is often called “extramural” speech. Professors have been criticized, disciplined, pressured to resign, and even terminated for extramural speech that is deemed offensive by individuals inside and outside university communities. And yet, academics generally remain committed to a principle that this Article identifies as extramural absolutism.

The Article explains extramural absolutism’s unpopularity outside academia as a reasonable consequence of the way supporters have presented and justified it. Contrary to widespread scholarly portrayal, extramural absolutism is not a moderate concession justified …

Pro Bono Publico Versus Pro Bono Presidential, S. I. Strong

Faculty Articles

In March and April 2025, the Trump Administration issued a series of executive orders directed at various law firms that had represented clients or undertaken actions with which the President disagreed. Those executive orders imposed various sanctions capable of destroying the firms financially. The Administration also threatened numerous other law firms with similar types of executive orders.

Although a few law firms challenged the executive orders in court, the majority of firms targeted by the President entered into informal settlement agreements whereby the firms promised to provide between $40 million and $125 million worth of free “pro bono legal services” …

Chevron Stare Decisis In A Post-Loper Bright World, Jonathan R. Nash

Faculty Articles

In its June 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court jettisoned the longstanding Chevron doctrine, which had directed courts to defer to agencies’ reasonable interpretations of ambiguous statutes. The Loper Bright Court attempted to minimize the substantial effect this change would have on administrative law and governance by declaring that “[t]he holdings” of cases that relied on the Chevron test to conclude “that specific agency actions are lawful...are still subject to statutory stare decisis despite our change in interpretive methodology.” But there are two problems with Chevron stare decisis. First, Chevron stare decisis is …

Defederalizing Opioid Addiction Care, Matthew B. Lawrence

Faculty Articles

Lack of access to evidence-based care for drug addiction is an urgent problem amid a decades-long overdose crisis that kills tens of thousands of Americans a year. Opioid addiction is the primary driver of overdoses today, and medicines exist to treat such addiction that can dramatically improve quality of life while reducing the risk of deadly overdose by more than half. Yet fewer than one in four of the nine million Americans who need such evidence-based medical care for their addiction receive it. Chief among barriers to access are restrictive and burdensome federal requirements limiting the use of narcotic medications …

The Effects Of Heat Stress On The Rumination In Lactating Dairy Cows, Kailey Anne Deighan

Honors Theses and Capstones

This study aimed to (1) investigate the association between Temperature-Humidity Index (THI) and rumination activity patterns in lactating dairy cows, and (2) explore the breed-specific impacts of THI on rumination time in Holstein and Jersey cows. The first hypothesis was that higher THI values would be associated with decreased rumination time (RT). The second hypothesis proposed that Holsteins, due to their lower heat tolerance, would experience greater reductions in RT than Jerseys under heat stress. From June 1 to October 1, 2024, daily climatic data were collected in New Hampshire using VisualCrossing to calculate THI. Each day was categorized into …

Epilepsy: Etiology And Treatment Methods, Avital Nightingale

The Science Journal of the Lander College of Arts and Sciences

Epilepsy is a common neurological disorder that is caused by abnormal electrical activity in the brain. Due to the evolution of our understanding of epilepsy and its causes, a variety of therapeutic options have been developed to modulate seizures and limit their occurrence rate. Medication, diet and surgery have been the traditional treatments offered to individuals suffering from epilepsy but the latest advancements in neurotechnology have given patients with drug resistant epilepsy hope by providing options other than surgery. While the disorder is a complex one and its pathogenesis not yet fully understood, recent research has provided insight into the …

Neonatal Immune System Development, Miriam Solomson

The Science Journal of the Lander College of Arts and Sciences

The immune system is essential for the body’s function and survival, consisting of two main components, the innate and adaptive immune systems. This paper will explore the various components of the neonatal immune system, such as the innate and adaptive or acquired systems, the initial colonization of microbes, and the crucial role of maternal antibodies. Additionally, this paper will delve into the significance of breastfeeding, the influence of different birth methods on gut microbiota, and the success of vaccines on neonates. This research paper’s goal is to provide insight into neonatal immune system development, the various factors that have an …

Mind Over Matter: Do Nootropics Hold The Key To Fighting Alzheimer’S?, Ben Berkowitz

The Science Journal of the Lander College of Arts and Sciences

Alzheimer’s disease (AD) is a progressive neurodegenerative disorder characterized by cognitive decline, memory loss, and impaired daily functioning. Nootropics, a class of cognitive-enhancing compounds, have recently emerged as potential therapeutic agents for mitigating the cognitive impairments associated with AD. This paper reviews the current evidence regarding the efficacy (or lack thereof) of different treatments used in the past for treating Alzheimer’s, including cholinesterase inhibitors and anti-Aβ antibodies. The findings are compared to those using various nootropics, including natural supplements and synthetic compounds, in modulating neurobiological pathways relevant to AD pathology. Mechanisms of action such as neuroprotection, antioxidant activity, acetylcholine modulation, …

Strategies To Address The Growing Impact Of The Antibiotic Resistance Crisis, Rina Balter

The Science Journal of the Lander College of Arts and Sciences

As time progresses, more bacterial strains are becoming resistant to the antibiotics developed to treat them. Impeding such intractable infections should be a major clinical priority, as previously treatable diseases have begun to incur a fatality rate that will escalate catastrophically unless it is halted. This research paper explores relevant information regarding the advances in developing alternative strategies to antibiotics to combat antimicrobial resistant (AMR) bacteria, within the context of clinical application. Recognizing the profound impact antimicrobial resistance (AMR) will have on patient health enables the implementation of proactive measures to curb the expanding prevalence of multidrug-resistant (MDR) pathogens. This …

Retinal Vision Restoration, Aharon S. Galandauer

The Science Journal of the Lander College of Arts and Sciences

Retinal degeneration is a leading cause of vision loss worldwide due to the retina’s inability to regenerate specialized cells after injury or stress. This study examines the potential for retinal regeneration by assessing current research on Müller glial cell differentiation and stem cell-based treatments. An analysis of experimental studies and therapeutic advancements highlights the mechanisms observed in regenerative models such as zebrafish and chicks, in contrast to the reactive gliosis and glial scarring observed in humans. Findings suggest that therapies such as optogenetics and stem cell transplantation have partially restored vision; however, their limitations stem from an inability to fully …

Is Placenta Stem Cell Banking Worthwhile?, Chaya Nathan

The Science Journal of the Lander College of Arts and Sciences

Regenerative medicine has gained significant traction due to its potential to repair or replace damaged tissues and organs, with stem cell therapies emerging as a promising avenue for treating various diseases. While bone marrow-derived MSCs (BM-MSCs) are commonly used in clinical settings, their limitations, such as the invasive extraction procedure and limited proliferation capacity, underscore the need for alternative stem cell sources. Placenta-derived mesenchymal stem cells (PDMSCs) represent a promising solution, offering advantages such as greater proliferative capacity, faster expansion rates, and reduced risk of immune rejection compared to adult stem cells. The placenta is a rich source of MSCs, …

Can Organs Be Generated From A Patient’S Own Stem Cells?, David Heimowitz

The Science Journal of the Lander College of Arts and Sciences

The global shortage of transplantable organs represents a critical medical challenge, with current organ donation systems meeting less than 10% of the worldwide need. This situation has spurred intensive research into regenerative medicine, particularly focusing on the potential of generating organs from a patient’s own stem cells. This review examines the current state of stem cell research and its applications in organ generation, analyzing both the progress made and the challenges that remain. Through a comprehensive analysis of recent literature and clinical trials, the study explores the fundamental principles of stem cell biology, current therapeutic applications, and the role of …

Limb Regeneration In Amphibians & Mammals, Jacob Mamrout

The Science Journal of the Lander College of Arts and Sciences

This thesis will give an in-depth analysis into the mechanisms of regeneration that amphibians use and how the blastema forms. It will also discuss genes and proteins that play a role including the P53 gene, Transforming Growth Factor Beta, CD59, and others. Regenerative potential of mammals will be discussed using the information found. Findings include that mammals may have regeneration potential because of the ability we have to deactivate certain genes to allow cells to dedifferentiate.

The Bidirectional Gut-Brain Axis: Impact Of Dysbiosis On Depression Through The Hpa Axis, Matan Shiller

The Science Journal of the Lander College of Arts and Sciences

Emerging research suggests that depression is not solely a brain disorder but is deeply influenced by the gut microbiome. The gut-brain axis (GBA) is a bidirectional communication system linking the gastrointestinal system and the brain, modulating mood, behavior, and mental health. Gut microbiota produce metabolites, such as short-chain fatty acids (SCFAs) and tryptophan catabolites, that influence neurotransmission and the stress response via the hypothalamic-pituitary-adrenal (HPA) axis. Dysbiosis, or microbial imbalance, disrupts these pathways, contributing to a major depressive disorder (MDD). Evidence from germ-free animal studies and fecal microbiota transplants (FMT) highlights the role of gut microbiota in emotional regulation and …

Gut Microbiome Dysbiosis And Its Contribution To Carcinogenesis, Daphne Grabie

The Science Journal of the Lander College of Arts and Sciences

The gut microbiome, a diverse community of microorganisms within the gastrointestinal (GI) tract, plays a pivotal role in maintaining health through digestion, immune regulation, and homeostasis. Emerging evidence links gut microbiome dysbiosis—a disruption in its composition and function—to the development and progression of various cancers, particularly within the GI tract. This review explores the multifaceted relationship between the gut microbiome and carcinogenesis, highlighting key microbial mechanisms, including chronic inflammation, production of carcinogenic metabolites, and immune modulation. Specific pathogens such as Fusobacterium nucleatum, Escherichia coli, and Helicobacter pylori are implicated in colorectal, gastric, and esophageal cancers, respectively, through pathways that promote …

Battling Infertility, Shirah Abrahams

The Science Journal of the Lander College of Arts and Sciences

Infertility is a complex condition that affects men and women equally and is defined by failure to achieve pregnancy after a year of trying to conceive. This paper addresses both environmental contributions to infertility, such as the effects of smoking, poor nutrition, and exposure to radiation, as well as biological contributors. Biological factors that contribute to infertility include sperm DNA fragmentation, chromosomal mutations, anovulatory dysfunction, and tubule blockages. This paper delves into various treatment options to improve fertility in both males and females, including medications, lifestyle adaptations, and surgeries. These treatment options can restore and improve ovulatory function, sperm motility …

Mild Traumatic Brain Injury: Signs, Symptoms, And Intervention, Shoshana Levin

The Science Journal of the Lander College of Arts and Sciences

Mild traumatic brain injury (mTBI) is a specific type of brain injury, often referred to as a concussion. Relying on existing research, this paper will collect the data that is available on concussions, numerous methods of treatment, and the complications of repeated injury. mTBI precipitates a host of cognitive, physical, and emotional symptoms, all of which can severely affect one’s daily life if left untreated. This paper will also address a range of possible treatment methods, including but not limited to acupuncture, cognitive behavioral therapy, and physical therapy. The efficacy of a multifaceted approach to treatment is emphasized, combining opinions …

Full Issue: Volume 18, Number 2, Spring 2025

The Science Journal of the Lander College of Arts and Sciences

Complete .pdf file of Volume 18, Number 2 of The Science Journal of the Lander College of Arts and Sciences. Published Spring 2025.

Can Cystic Fibrosis Be Treated With Genetic Therapy?, Steve Silverberg

The Science Journal of the Lander College of Arts and Sciences

This paper discusses the current and prospective treatment options for the fatal genetic disease cystic fibrosis. Cystic fibrosis (CF) is a rare recessive genetic disorder that is caused by a mutation in the cystic fibrosis transmembrane conductance regulator (CFTR) gene, which codes for a protein that is on the surface of a cell. This protein allows for the flow of chloride, bicarbonate, and sodium ions to pass through the cell wall, bringing water with it. When this protein doesn’t work, the lack of ions and water in extracellular fluid becomes too thick, causing a multitude of problems. The most common …

Implant Alternatives: The Advancements Of Stem Cells In Regenerative Dentistry, Akiva Goldschmidt

The Science Journal of the Lander College of Arts and Sciences

This research paper explores the potential of mesenchymal stem cells (MSCs) within the realm of dentistry, focusing particularly on their ability to repair tissues and regenerate entire teeth. MSCs are significant as they can send differentiation signals to nearby cells and release growth factors such as TGF-β and VEGF, which promote cellular activities necessary for dental repair and regeneration. The paper discusses the traditional methods of dental restoration, such as fillings and implants, and their inherent limitations. It then transitions to exploring innovative strategies that utilize MSCs to overcome these challenges and regenerate tooth structures including enamel, dentin, and periodontal …

Full Issue: Volume 19, Number 1, Fall 2025

The Science Journal of the Lander College of Arts and Sciences

Complete .pdf file of Volume 19, Number 1 of The Science Journal of the Lander College of Arts and Sciences. Published Fall 2025.

Does Chronic Stress Play A Role In The Genesis Of Neurodegenerative Diseases?, Rachelle Halpert

The Science Journal of the Lander College of Arts and Sciences

Chronic stress has been increasingly recognized as a major contributor to the onset and progression of neurodegenerative diseases such as Alzheimer’s and Parkinson’s disease. This paper explores the correlation between chronic stress and neurodegeneration by reviewing population, clinical, and animal studies. Studies show that long-term stress disrupts the hypothalamic-pituitary-adrenal (HPA) axis, impairs hippocampal function, increases oxidative stress, and promotes neuroinflammation. These processes are all implicated in cognitive decline. The mechanisms through which these processes occur are discussed including elevated glucocorticoid levels, shortened telomeres, mitochondrial dysfunction, and the activity of pro-inflammatory microglia. Lastly, potential interventions are reviewed, including lifestyle modifications such …

Can Deadly Toxins Become Tools For Medicine?, Esther Gross

The Science Journal of the Lander College of Arts and Sciences

Natural toxins, long feared as deadly poison, are increasingly being harnessed as powerful medicine. This paper explores the growing role of animal and plant toxins in modern medicine, tracing their use from ancient remedies to cutting-edge biomedical science. Through a study of their biochemical mechanisms, therapeutic applications, and clinical case histories, this paper draws attention to the remarkable specificity and potency of toxin-derived compounds for disease treatment in diabetes, chronic pain, cancer, cardiovascular disease, etc. This paper also investigates the scientific and practical barriers to the universal clinical application of toxins, such as issues of toxicity, cost, stability, and ethical …

Endometriosis & Natural Killer Cell Activity, Orelle Shakarchi

The Science Journal of the Lander College of Arts and Sciences

Endometriosis is a condition found in females of reproductive age. It occurs when tissue, known as the endometrium, grows outside of its designated place- the uterus. It affects the reproductive organs such as the ovaries, fallopian tubes, and pelvic tissues. Endometriosis patients experience chronic pain and fertility issues. There has been a correlation between low cytotoxicity in Natural Killer (NK) cells and the development of the disease. NK cells are part of the human innate immunity system where they defend the body against tumors and any abnormal cells by performing apostasies A study done by the American Fertility Society, which …