Digital Commons Network^™

A Wealth Of Well-Being, Jake Grove

Furman Magazine

Jose Morales-Martinez '18 gives back to a community that has shown him so much.

Machine Learning In Fundamental Physics: From Early Universe Signatures To Qcd Evolution, Brandon Stevenson

Physics Theses and Dissertations

In both cosmology and small-x quantum chromodynamics, the relevant theoretical predictions are well-defined but expensive to evaluate repeatedly over broad parameter spaces or large ensembles of simulated data. The central question of this thesis is when machine learning can accelerate those calculations without weakening the reliability of the final physics conclusions. The thesis develops and tests this idea in three settings. First, it studies the Derivative Approximation for Likelihoods (DALI) as a means of diagnosing when Fisher-matrix forecasts cease to be trustworthy in cosmological parameter inference. Second, it investigates graph-based spherical neural networks for estimating primordial non-Gaussianity directly from simulated …

Antitrust And Economic Liberty, Doha Mekki

Center for Law and the Economy

Over the last few years, antitrust plaintiffs have won important victories in cases against digital platforms. They’ve won important cases involving real estate associations, elite private colleges, sports leagues, pharmaceutical companies, pork processors, and health insurers. In some cases, they have secured record-breaking jury verdicts and redress for harmed individuals.

The U.S. Department of Justice’s Antitrust Division has been active too. Last year, a federal court held that Google illegally maintained monopolies in general internet search and related search advertising markets. That case is about access to the information we see and use to make decisions about how we want …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Center for Law and the Economy

On November 10, 2022, the Federal Trade Commission (FTC or the “Commission”) issued a policy statement on the scope of unfair methods of competition under section 5 of the Federal Trade Commission Act (FTCA). This policy statement marked a significant shift, reviving a broad interpretation of the agency’s authority to police anticompetitive conduct. The antitrust defense bar reacted with alarm, arguing that the principles are overly ambiguous and lack guidance. This Essay contends that reaction is misplaced. The statement draws on a rich body of U.S. Supreme Court and circuit court precedent that the antitrust bar seems to have largely …

Data Siloing As A Solution To Google’S Illegal Monopoly, Derek Polson, Victoria Wood

Brigham Young University Prelaw Review

While the court-issued remedies prescribed in United States of America v. Google LLC (2024) aim to curb Google’s use of anticompetitive practices, they fail to address the structural mechanisms that sustain its monopoly. Antitrust remedies in the U.S. traditionally seek to (1) end anticompetitive practices and (2) reopen competitive market conditions. The court’s approach in this case does neither. By leaving intact Google’s ability to leverage significant barriers to entry and its unparalleled big data advantage, the court’s remedies preserve the very conditions that entrench Google’s dominance in the digital advertising and search engine markets. This note argues that data …

Reconsidering The Take It Down Act, Cate Thorpe

Brigham Young University Prelaw Review

In the past decade, there has been an increase in digital forgeries leading to the phenomena many have called “revenge porn.” This form of Nonconsensual Intimate Imagery (NCII) has been facilitated by AI-models that allow users to create false images or videos of someone’s likeness, often referred to as deepfakes. In an attempt to combat the dissemination of such forged NCIIs, Congress enacted the TAKE IT DOWN Act. The Act institutes a notice-and-removal procedure for victims to request the removal of  NCIIs depicting their likeness on covered platforms. While the TAKE IT DOWN Act sufficiently addresses some concerns, certain aspects …

The Inapplicability Of Government Speech Doctrine In School Libraries, Dallyn Edmunds

Brigham Young University Prelaw Review

Since 2021, the number of books removed from school libraries has risen dramatically. These removals have led to lawsuits and questions surrounding the control a state may exercise over the school library. In almost every current case, the government has argued these cases should be dismissed because of the government speech doctrine. A fairly recent creation, the government speech doctrine is the understanding that the government, in order to accomplish its purposes, may at times exercise viewpoint discrimination and regulate speech in ways that perhaps seem prohibited by the First Amendment. Evaluation in government speech cases has typically undergone a …

The Implication Of Permanence: Indigenous Water Rights In The State Of Arizona V. Navajo Nation, Collin Powell

Brigham Young University Prelaw Review

In the State of Arizona v. Navajo Nation, the Supreme Court asked the Navajo to accept a contradiction. In light of disagreements over water rights between Arizona and the Navajo Tribe, members of the Navajo pointed to the Treaty of Bosque Redondo. The Treaty was a compromise between the Navajo and US Officials to reparate the Navajo after “The Long Walk”: a series of forced relocations against the Natives that resulted in over 2,500 deaths. Among these reparations was the guarantee of a “permanent home” on US federal lands. For over a century, case law defined a “permanent home” to …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Fluctuating Hallucinations: On The Boundaries Of Immigration Judges’ Discretion In The Determination Of Asylum Based On Political Opinions, Yan Zhang

Immigration Law Blog

This article examines the enigmatic nature and blurred boundaries of the discretionary power exercised by immigration judges in asylum cases, highlighting how the scope of such discretion—whether broad or narrow—proves decisive for the applicants and their families. Through a comparative analysis of specific cases, the article underscores the critical importance of immigration judges seeking to discern and follow the true intent of the law—specifically, by deeply understanding and defining the threshold of “persecution,” delineating the boundaries of “political opinion,” and appropriately weighing and prioritizing immigration policies within their specific historical contexts. Furthermore, it is essential that judges conduct a comprehensive …

Book Clubs And Young Adult Literature: Preparing Preservice Special Educators In Inclusive Literacy Practices, Marie Tejero Hughes, Juana Abarca, Marta Mohammad

Reading Horizons: A Journal of Literacy and Language Arts

The study presented in this article explored how book clubs centered on young adult (YA) literature supported 67 preservice special educators (PSEs) in developing inclusive literacy practices. The study examined PSEs’ reflections on social, cultural, and personal themes in YA narratives and how these informed their planning for students with disabilities. Using a qualitative descriptive approach, researchers analyzed online discussion posts collected over a 6-week book club course component. Findings reveal that PSEs engaged with themes such as identity, resilience, systemic inequities, and disability representation, often connecting literature to their own positionalities and future teaching roles. PSEs also identified a …

Mobility Without Retention: Reforming The Compact Of Free Association To Address Human Capital Flight, Ellery Miller, Porter O'Reilly

Brigham Young University Prelaw Review

In the aftermath of United States nuclear testing in the Republic of the Marshall Islands (RMI), which rendered several atolls uninhabitable, the country now confronts a different threat: sustained human capital flight. To compensate the RMI for nuclear damages, the United States signed into law the Compact of Free Association (COFA), a treaty structured around three core commitments: (1) defense and security, (2) economic assistance, and (3) unrestricted migration rights. Under COFA, Marshallese citizens may live and work in the United States without a visa, which has resulted in large-scale outmigration of the working-age and educated population. This Note argues …

Thinking Ahead: Ranking Substantive Canons To Protect Loper Bright, Tanner Macdonald

Brigham Young University Prelaw Review

After forty-two years, the Supreme Court overturned Chevron deference in their decision Loper Bright Enterprises v. Raimondo (2024). The decision suggested a rising inclination towards legal formalism in cases of statutory interpretation. This Note argues that if the Court intends statutes to be interpreted in accordance with formalism, clarification is needed. Loper Bright was not sufficient to clear up the inconsistencies in statutory interpretation that the Court used to overrule Chevron. Without a strong prescription, Loper Bright will eventually collapse on itself. A formal ranking of substantive canons is one type of structure that would support Loper Bright and enable …

“Loophole Of The Century”: Routine Use And The Privacy Act Of 1974, Joslynn Jensen

Brigham Young University Prelaw Review

This Note examines structural weaknesses in the Privacy Act of 1974 and argues that the statute no longer provides meaningful safeguards for personal information held by federal agencies. Enacted in the aftermath of the Watergate scandal, the Act was designed to ensure transparency, accountability, and individual control over government recordkeeping systems. However, two core features—the routine-use exception and the Act’s narrow remedial structure—have undermined these protections. The routine-use provision permits agencies to disclose personal records without individualized consent so long as the disclosure is deemed “compatible” with the purpose of collection and published in the Federal Register, a form of …

Regulating Ai, Jacob Leavitt

Brigham Young University Prelaw Review

Artificial intelligence, a new phenomena embedding itself in every aspect of public life, is advancing at unprecedented rates with potentially catastrophic consequences. While fragmented and reaction regulation frameworks are currently in place, based primarily on tort cases, this paper calls for a hybrid regulatory solution that combines federal administrative law and streamlined international policy. This paper assesses proposed regulatory solutions - tort law, an industry-drafted “AI Constitution,” a Communications Decency Act-style immunity framework, a domestic federal agency, and an international regulatory body. Based on these frameworks, the authors have developed five criteria for an effective solution - expertise, enforceability, obligation, …

Good Faith And The Ministerial Exception, Kailey Hopkins, Nathan Gurr

Brigham Young University Prelaw Review

Following the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, lower courts, in attempting to adhere to the ruling, have largely disregarded the Court’s explicit instruction to avoid adopting a “rigid formula” for determining ministerial status. Instead, they have repeatedly relied on the factors identified in that decision as a functional test. When the Court revisited the ministerial exception, it reaffirmed that no definitive legal standard governs the designation of a “minister,” while modestly broadening the doctrine by emphasizing that formal titles are less significant than functional considerations. This Comment argues that the lower courts’ …

Prevalence Of Plasmodium Ovale And Plasmodium Malariae Mixed Infections And Associated Mortality In Children With Severe Falciparum Malaria, Giselle Lima-Cooper, Dibyadyuti Datta, Caitlin Bond, Kagan Mellencamp, Ruth Namazzi, Mahesh Gupta, Andrea Conroy, Robert Opoka, Chandy John

Paediatrics and Child Health, East Africa

The prevalence and clinical significance of mixed Plasmodium infections in children with severe Plasmodium falciparum (P. falciparum) malaria are not well characterized. In a cohort of 440 Ugandan children hospitalized with severe malaria who were diagnosed with Plasmodium species via microscopy, nested polymerase chain reaction (nPCR) testing was used to detect P. falciparum, Plasmodium ovale (P. ovale), Plasmodium malariae (P. malariae), and Plasmodium vivax (P. vivax) infections and assess their association with adverse clinical outcomes during hospitalization. Using nPCR testing, the Plasmodium 18S small-subunit ribosomal RNA gene was detected in 440 children. Plasmodium falciparum mono-infection was identified in 329 (74.8%) …

An Eschatological Investigation Of Fatherlessness Through A Christological Lens: Exploring Identity, Hope, And Restoration In A Fatherless Generation, Derrick Marshall

Doctor of Ministry (DMin)

This dissertation analyses the relationship between fatherlessness across generations and selected indicators of cultural development and social stability in contemporary society. It also evaluates how a local church context may function as a site of intervention to address the relational, emotional, and spiritual consequences associated with father absence. The study is conducted within LIFEchurch in El Paso, Texas, and is situated within theological reflections on sonship, identity, and restoration. The research employed a multi-method descriptive design and utilized a single Qualtrics survey instrument comprising both structured quantitative items and open-ended qualitative questions. Participants were adults affiliated with the LIFEchurch community. …

Partisanship And Patriotism: How Political Parties Influence Citizen Perceptions Of American Symbols And National Unity, Carl Picerno

Political Science Undergraduate Theses

Over the past decade, there has been an increase in political polarization across the United States. National symbols such as the American flag, the national anthem, the Pledge of Allegiance, and the military have become disputed markers of unity and identity. This study explores the following research question: How does political party affiliation influence Americans’ perceptions of key symbols of American pride and patriotism, and further, what do these perceptions reveal about national unity and political polarization? This study examines the following hypotheses more specifically: first, Republicans are more likely to associate national symbols with unity and patriotism and therefore …

How Many Supreme Court Justices Can Stand On The Point Of A Needle? Originalist Scholarship, Political Neutrality, And Other Constitutional Nonsense, Stephen M. Feldman

Washington and Lee Journal of Civil Rights and Social Justice

In the 1935 article, "Transcendental Nonsense and the Functional Approach," Felix Cohen compared formalist legal reasoning, as practiced by traditional legal scholars and Lochner-era Supreme Court justices, to the philosophical musings of scholastic theologians. Unconnected to empirical reality, formalist legal reasoning was as nonsensical as a disquisition on “‘[h]ow many angels can stand on the point of a needle?’” Nowadays, originalist scholars are similarly engaged in nonsense. These scholars defend, refine, and practice originalist methods of constitutional interpretation as if the Supreme Court justices truly decided cases in accordance with the theory. Regardless, the justices—even the avowed originalists—do not consistently …

Harmless In Name Only: Prosecutorial Misconduct And The Right To A Fair Trial, Jennifer Brinkman

Washington and Lee Journal of Civil Rights and Social Justice

Prosecutorial misconduct during trial—particularly improper questioning of witnesses and improper argument—occurs in front of the jury and directly shapes its deliberations. Yet appellate courts routinely dismiss such misconduct as “harmless error,” allowing convictions to stand even when prosecutors violate defendants’ rights. This Article contends that the harmless error framework both underestimates the impact of misconduct on jurors and undermines the Constitutional guarantee of a fair trial. It proposes that certain instances of misconduct that occur during trial should be classified as structural error, requiring automatic reversal. This would protect defendants’ right to a fair trial and maintain the integrity of …

Generative Adversarial Discrimination, Josh Fairfield

Washington and Lee Journal of Civil Rights and Social Justice

Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden core prompts in generative AI systems, and how those prompts interact with the nature of AI training and deployment, AI will often actively hide discrimination rather than surface and address it. Stopping this will be difficult. At present, neither humans or AI can detect this emergent dark-pattern behavior. Without legal intervention, the broad use …

To Compete Or Noncompete: Lessons On The Impact Of Unenforceable Noncompete Agreements In The Entertainment Industry, Guy Mannick

Washington and Lee Journal of Civil Rights and Social Justice

Economic and legal literature has increasingly focused on how the American legal system fails workers. One way it does so is through employee noncompetition agreements (“NCA” or “noncompete”) that limit a worker’s ability to join another company, often for better compensation and/or more responsibility. Some states enforce NCAs if they are reasonable in scope, geography, and duration; others either prohibit their application to certain types of workers or (as in California) outright prohibit them in most circumstances. More narrowly, new empirical literature about the behavioral effects of unenforceable noncompete agreements raises new questions about the behavioral impact on workers.

This …

Before The Last Breath: How Alabama’S Nitrogen Execution Adoption Created A Procedural Crisis On Death Row, Caroline E. Penfield

Washington and Lee Journal of Civil Rights and Social Justice

In 2024 and 2025, Alabama executed eleven people. During this time and in the years leading up to it, the State botched multiple lethal injections. Seeking an ostensibly constitutional way to continue carrying out executions, Alabama introduced death by nitrogen gas suffocation. The problems with lethal injection are not unique to Alabama, but Alabama was the first to adopt and use the novel nitrogen gas method, despite concerns from medical professionals, the public, and inmates themselves. Alabama put little to no protocol in place for inmates to exercise their statutory right to elect this method, leading to confusion and harm. …

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

The Pennsylvania Bar Association Quarterly: A 10-Year History Volumes 87-96 (2016-2025), Joel Fishman

Law Faculty Publications

This article is the second supplement to my previous two articles covering the history of The Pennsylvania Bar Association Quarterly.² For the period of this article, Robert E. Rains, Professor Emeritus, Penn State Dickinson Law, has been the editor, replacing Professor Louis Del Duca, who had served as editor for an amazing 47 years. The January 2016 issue appropriately began with two articles in homage to Prof. Del Duca.³

Water Current, Volume 58, No. 1, Spring 2026

Water Current Newsletter

No abstract provided.

Roadmap On Artificial Intelligence-Augmented Additive Manufacturing, Ali Zolfagharian, Liuchao Jin, Qi Ge, Wei-Hsin Liao, Andrés Díaz Lantada, Francisco Franco Martínez, Tianyu Zhang, Tao Liu, Charlie C.L. Wang, Mohammad Hossein Mosallanejad, Reza Ghanavati, Abdollah Saboori, Alejandro De Blas De Miguel, William Solórzano-Requejo, Yi Cai, Xiangyang Dong, Huangyi Qu, Najmeh Samadiani, Guangyan Huang, Austin Downey, Yanzhou Fu, Lang Yuan

Faculty Publications

Artificial intelligence-augmented additive manufacturing (AI2AM) represents a transformative frontier in digital fabrication, where artificial intelligence (AI) is embedded not as a peripheral tool, but as a central framework driving intelligent, adaptive, and autonomous additive manufacturing (AM) systems. The objective of this Roadmap is to present a comprehensive vision of the state-of-the-art developments in AI2AM while charting the future trajectory of this rapidly emerging field. As AM applications continue to expand across diverse sectors, conventional design and control strategies face growing limitations in scalability, quality assurance, and material complexity. AI uses tools like computer vision, generative design, and large language models …

Piercing The Algorithmic Fog Of War: Ai-Enabled Decision-Support Systems And The Responsibility Gap For War Crimes Under The Rome Statute, Karen H. Cho

UC Law SF International Law Review

This article examines how the integration of artificial intelligence-enabled decision-support systems (AI-DSS) into military conflict complicates the attribution of individual criminal responsibility for war crimes under the Rome Statute. Unlike lethal autonomous weapons systems which are intended to supplant human agency, AI-DSS augments human decision-making across the targeting cycle while simultaneously introducing opacity and bias. These characteristics risk facilitating indiscriminate and disproportionate attacks, undermining t4he principles of distinction and proportionality under international humanitarian law. Through a case study of Israel’s deployment of systems such as “the Gospel,” “Lavender,” and “Where’s Daddy?” in Gaza, this article illustrates how algorithmic mediation obscures …

Affordable Housing Cooperatives As Shared Equity Homeownership: Part Ii – Organizational Law, Resource Governance And A Corrective-Distributive Approach, Jerome Hughes

Georgia State University Law Review

Part II of this Article deepens the expanded view of organizational law developed in Part I with a focus on its distributive features. Using the analytical framework of entity governance, resource governance, and use and purpose governance, Part II demonstrates how these dimensions of organizational law interact to constrain the development of affordable housing cooperatives. What are commonly framed as financing problems in fact expose fundamental tensions embedded within the organizational law of affordable housing cooperatives. This analysis demonstrates that these challenges arise from the structuring of resource governance in affordable housing cooperatives and their interaction with the personal economic …