Digital Commons Network^™

The Forgotten Income-Attribution Power, Alex Zhang

Faculty Articles

Economic inequality stands at record levels, and constitutional law haunts egalitarian reform. In 2024, the Supreme Court decided the latest contest. Moore v. United States rebuffed an attempt to sharply limit the federal taxing power, as a razor-thin majority upheld Congress’s attribution of foreign corporations’ income to domestic shareholders. But four Justices criticized the reasoning of the majority, faulting its use of a fabricated doctrine.

This Feature provides a systematic account of Congress’s income-attribution power. It excavates overlooked litigation materials and case law from the infancy of the current federal income tax. In the 1920s and 1930s, litigants attacked, on …

How Ip Ends, David Fagundes, Aaron Perzanowski

Faculty Articles

Real and personal property may last forever, but intellectual property (IP) ends. Despite the doctrinal complexity and practical significance of the mechanisms that terminate IP rights, scholarship has scarcely focused on them, and none has analyzed these doctrines as a unified field. As a result, the discourse about the ways IP ends remains impoverished, with courts, legislatures, and commentators offering imprecise and inconsistent formulations that obscure the rationales for these doctrines. This Article offers the first comprehensive taxonomy of IP’s terminal mechanisms, providing much-needed conceptual and definitional coherence. It then reveals the underappreciated policy leverage these mechanisms can deliver and …

Do We Really Want Retired U.S. Supreme Court Justices Practicing Law? A Public Policy Critique To U.S. Supreme Court Term Limits, Michael J. Broyde, Hayden H. Hall

Faculty Articles

In its 2021 final report, the Presidential Commission on Judicial Reform discussed the merits of implementing term limits for Supreme Court justices. The Commission began by acknowledging that eighteen-year, non-renewable terms have considerable bipartisan support, including the support of both Conservative and Progressive scholars at the National Constitution Center, whose proposals for improving the Constitution included term limits for justices. They continued by weighing the pros and cons of implementing term limits via constitutional amendment or statute, addressing, in turn, the specifics of what these limits might look like—whether a twelve or eighteen-year term is preferable, how a transition from …

Comparing The Differences Of Hsp90Α And Hsp90Β In Native Protein Complex Incorporation, Daryna Serediuk

Honors Theses and Capstones

Epichaperomes are long-lasting, stable assemblies of chaperones, co-chaperones, and associated factors that facilitate cell survival in maladaptive cellular states. Their inhibition has emerged as an attractive therapeutic strategy for the treatment of cancer and neurodegenerative diseases (Rodina et al., 2016). Epichaperomes are hallmarks of robust proliferation in cancer cell populations across many cancer types and are abundantly present in several stem cell varieties, including induced pluripotent stem cells, human embryonic kidney cells, and cancer stem cells (Kishinevsky et al., 2018).

The core protein of the eukaryotic heat shock protein machinery, Heat Shock Protein 90 (Hsp90), is a central chaperone that …

Supporting Comparative Studies Of Judicial Behavior: Introducing The Australian High Court Database, Patrick Leslie, Zoë Robinson, Russell Smyth, Tonja Jacobi

Faculty Articles

Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new resource that encodes structured information on all full judgments of the High Court of Australia between 1995 and 2020, and all leave applications (Australia’s equivalent to petitions for certiorari) from 2003 to 2018. The database is built in accordance with core principles that support comparative research: it is adaptable, and comparable. By attending to jurisdictional specificity while adhering to general standards, the database supports both within-country analysis and cross-national comparison. We illustrate how the Australian High Court Database can …

True Threats, Public Safety, And Free Speech: An Empirical Analysis Of Counterman's Consequences, Jordan Birnholtz, Matthew B. Kugler

Journal of Criminal Law and Criminology

Many scholars expected the Supreme Court’s Counterman decision to significantly reshape true threat law, undermining public safety while expanding protections for caustic political speech. Counterman required that a speaker consciously disregard a substantial risk that their communications would be viewed as threatening violence to give rise to liability. This created a concern that it would be difficult to convict harassers and stalkers who were, or claimed to be, delusional, and thus unaware of their speech’s likely impact. Scholars also feared the invalidation of some stalking and harassment statutes and increased difficulty in obtaining protective orders, which play a major role …

An Upside Of Originalism? Jury Size, Meghan J. Ryan

Journal of Criminal Law and Criminology

Originalists have taken over the Supreme Court, and many commentators are up in arms. This historical approach to constitutional interpretation can entrench historical biases, result in what many view as unjust decisions, and even cloak politically motivated opinions. But entirely rejecting a historical approach to constitutional interpretation overlooks what can be an upside of originalism: Because of our country’s unique history of being founded by British rebels, some practices from the time of the Founding—such as recognizing a strong jury right—advantage criminal defendants. Thus, employing a historical approach such as originalism in assessing the scope of constitutional protections can actually …

Revisiting Robinson: How Courts Can Preserve The Status Crimes Doctrine After Grants Pass, Sabina Idriz

Journal of Criminal Law and Criminology

Prior to the Supreme Court’s 2024 decision in City of Grants Pass v. Johnson, legal advocates for the homeless used the status crimes doctrine to successfully argue in multiple cases that anti-homeless laws, which punish life-sustaining acts such as sleeping, camping, or eating in public, are unconstitutional. Under the status crimes doctrine, which comes from the Supreme Court’s 1962 interpretation of the Eighth Amendment’s Cruel and Unusual Punishment Clause in Robinson v. California, it is unconstitutional to punish individuals for having a status they may have contracted innocently or involuntarily. The Robinson Court struck down a law criminalizing …

Freedom Of Speech And Criminal Solicitation, Nikola R. Hajdin

Journal of Criminal Law and Criminology

Although criminal solicitation is recognized as one of the “historic and traditional categories” of unprotected speech, courts’ understanding of this doctrine remains limited and narrow. Nearly three years ago, the Supreme Court finally made progress in clarifying the boundaries between criminal solicitation and protected advocacy. In United States v. Hansen, the Court held that solicitation is the intentional encouragement of a specific unlawful act and, because speech of this kind “has no social value,” it is therefore unprotected. The Supreme Court, however, left a key question unanswered: Why does restricting advocacy that doesn’t meet the Brandenburg v. Ohio imminence-of-harm …

Uncharted Waters: Addressing The Shortcomings Of Criminal Liability Under The Clean Water Act By Charging Water Polluters With Assault, Abigail English

Journal of Criminal Law and Criminology

Water pollution incidents pose both acute and long-term risks to human health, yet the Clean Water Act (CWA) ineffectively holds water polluters accountable. By defining criminal violations in terms of technical breaches of the statute, the CWA’s criminal provisions are vulnerable to narrow judicial interpretations, leaving many environmental crimes unpunished. Furthermore, the Environmental Protection Agency (EPA) rarely pursues criminal charges under the CWA, relying instead on civil fines, which fail to impose meaningful consequences. This underinclusiveness and under-utilization allows many polluters to evade serious penalties. Even when pollution incidents are covered by the CWA and the EPA pursues prosecution, the …

The Relationship Between U.S. Presidents And Governors From Opposing Political Parties: Policy Implementation And Crisis Management, Adam Richey

Honors College Theses

This thesis studies the impact of partisan divisions between U.S. presidents and state governors in regard to policy implementation and crisis management of the American federal system. While previous research has mainly addressed congressional polarization, executive relationships across different levels of government have received comparatively less scholarly focus.  Particularism theory argues that electoral incentives shape executive behavior, and this study finds that political alignment significantly affects cooperation, coordination, and responsiveness during times of crises. Focusing on qualitative comparative case study methods, the analysis examines Hurricane Katrina (2005) and the COVID-19 pandemic (2020–2021). The results show that partisan division most often …

Perinatal Inflammation And Oxidative Stress Alter Adult Rat (Rattus Norvegicus) Motor Behavior, Alexander Young

Honors College Theses

Recent evidence in comparative animal models suggests that early life exposure to elevated inflammation (via LPS exposure) and oxidative stress (via acetaminophen exposure) may synergistically interact to alter typical neurodevelopmental trajectories, resulting in lasting effects on both behavior and gut-brain neurochemistry. The current study observed emotional and motor behaviors and collected fecal-boli to measure Tyrosine (TE) levels in male and female Long-Evans (Rattus norvegicus) rats. Subjects were either treated with [1] saline [2] lipopolysaccharide (LPS) to introduce an inflammatory state, [3] acetaminophen (APAP) to introduce oxidative stress, or [4] a dual-hit of both LPS + APAP on postnatal day (PD) …

Expanding Access To Hand Therapy In Rural Wyoming Through Telehealth, Cheyenne Rose Thompson

Occupational Therapy Capstones

Individuals living in rural Wyoming experience significant barriers to accessing specialized hand therapy services, including geographic isolation, limited availability of certified hand therapists, and inconsistent healthcare infrastructure, resulting in delayed rehabilitation and reduced functional outcomes (Hirth et al., 2022; Rural Health Information Hub, 2025). Although telehealth has emerged as a potential solution to improve access, challenges related to clinician training, safety, and adaptation of interventions to virtual environments persist (Feldhacker et al., 2022; Morris, 2024). The purpose of this scholarly project was to develop an evidence-based telehealth hand therapy program to improve access to upper extremity rehabilitation services in rural …

Baby-Life Balance: Occupational Therapy Strategies To Support The Transition To Motherhood, Morgan Muriel Harshman

Occupational Therapy Capstones

The postpartum period is characterized by significant physical, emotional, and occupational changes that can disrupt daily functioning, routines, and role transition into motherhood (Albanese et al., 2020; Baker et al., 2024). These changes impact a mother’s ability to engage in meaningful daily activities, including self-care, infant care, and participation in family and community roles. Despite these challenges, postpartum care often emphasizes infant health, leaving gaps in support for maternal occupational performance, routine development, and environmental adaptation (Centers for Disease Control and Prevention [CDC], 2023; World Health Organization [WHO], 2022). Occupational therapy is uniquely positioned to address these needs through its …

Popular Constitutionalism In A Populist Age, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalism burst onto the scene as a challenge to the constitutional authority of the Supreme Court. Decades later, popular constitutionalists remain susceptible to one of the earliest (and most potent) critiques of their project—the charge that they have done far too little to explain how their theory might work in practice. With the rise of modern populism, it’s also fair to ask whether popular constitutionalism is an approach that’s capable of meeting the challenges of the current constitutional moment. In this Article, I offer a new vision for popular constitutionalism—one that shows how the theory might work in practice, …

Physics-Based Modelling Of Concrete Degradation Phenomena: Impact Of Construction Defects On Long Term Cost And Material Properties, Manuel Salmeron, Oscar D. Forero, Talha Faiz Mohammed, Kabir Shrivastava, Shirley J. Dyke, Julio A. Ramirez

JTRP Technical Reports

The quality of workmanship and adherence to specifications during the bridge construction phase of concrete decks, slabs, and continuous T-beams, are key factors on which future structural performance and durability hinge. If construction practices do not meet the required standards of quality, they may trigger early onset of deterioration processes that shorten the service life leading to unplanned interventions or unscheduled repairs, thus intensifying the need for maintenance actions and increasing costs during the service life of the bridge. Despite the consensus view that substandard construction practices reduce the performance of concrete structures, quantifying the impact is challenging. This difficulty …

Holding The Past Carefully In Players’ Hands: Historically-Structured Boardgames And The Troubles In History Education, Hugh D. O'Donnell

Irish Journal of Applied Social Studies

Controversial histories, such as the Troubles in Northern Ireland, are often excluded from formal education, forming a "null curriculum" due to their political sensitivity, emotional difficulty, and risk of bias or re-traumatising students. To address this, Historically-Structured Boardgames (HSBGs) offer an innovative pedagogical approach, engaging students cognitively and emotionally while navigating sensitive historical terrain.

HSBGs like "The Troubles: Shadow War in Northern Ireland 1964-1998" embed players within historically accurate socio-political and economic structures, emphasising player agency and the consequences of their actions. Players assume roles from six factions, confronting ethically charged "Narrative Cards" representing critical historical decision points. The game's …

A Conceptual Framework For Improving The Oral Health Of Children With Disabilities, Shiamaa Al-Mashhadani

Peninsula Dental School Theses

AbstractTitle: A Conceptual Framework for Improving the Oral Health of Children with DisabilitiesShiamaa Shihab Al-MashhadaniIntroduction:The effect of good oral health contributes to improving general health, well-being, and quality of life. Children with disabilities are more likely to develop oral diseases than the general population. They are disproportionately affected by dental diseases such as high dental caries, periodontal disease prevalence, missing teeth, and malocclusion. There are many challenges that children with disabilities and their carers experience regarding oral health, including access to dental care, availability of preventive interventions, oral health literacy, and education.This study aims to understand the personal experiences and …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

No abstract provided.

Things Humans Do: The Use Of Esds On Autistic Children, Jami L. Anderson

Journal of Race, Gender, and Ethnicity

On March 26, 2024, the Food and Drug Administration (FDA) published a proposed rule (PR) that would ban the use of electrical stimulation devices (ESDs)—shock devices—for treatment of selfinjurious behavior (SIB) and aggressive behavior (AB). This PR was directed at Judge Rotenberg Education Center (JRC), a residential institution in Canton, Massachusetts, that treats children and young adults with profound intellectual and emotional impairments, most of whom are autistic. Medical evidence has well established that ESDs not only fail to treat SIB, but cause the rate and severity of SIB to worsen. This is the FDA’s second attempt to ban ESDs. …

Who Gets To Sue? Legal Standing After Fda V. Alliance For Hippocratic Medicine, Rachael Houston, Robert Stephen Earnest

Journal of Race, Gender, and Ethnicity

This article examines how courts are invoking FDA v. Alliance to define the limits of legal standing in litigation—specifically, in a reproductive health context. Reproductive health, as used here, encompasses a broad range of medical, legal, and policy issues related to abortion access, gender-affirming care, pregnancy, and professional regulation of services connected to reproductive decision-making. It includes the provision of and restrictions on reproductive healthcare services, the regulation of speech related to those services (e.g., advertising and advocacy), and the institutional responses to contested laws and agency rules affecting bodily autonomy, medical practice, and expressive conduct. Drawing on an original …

Prisoners And Choice Democracy, Eileen Prescott, Michelle Theer

Journal of Race, Gender, and Ethnicity

This Article considers how eliminating meaningful choices inside prisons harms individuals and obstructs reintegration efforts. While any individual restrictions on incarcerated people may seem minor—such as limitations on the food available in the commissary— they accumulate to a point where people adopt passive, compliant behaviors and attitudes that are adaptive inside yet maladaptive outside the prison walls. Thus, we argue that even modest improvements in prisoner autonomy could reduce recidivism and achieve the public safety goals of incarceration.

From Victim To Villain: How Gendered Narratives Shape Drug Courier Trials, Serafina C. Russo

Journal of Race, Gender, and Ethnicity

This article examines how gendered stereotypes, coercive trafficking dynamics, and permissive evidentiary practices create systemic bias in criminal prosecutions of women, particularly in drug trafficking cases. It highlights how courts often allow expert testimony and generalized narratives that blur neutral analysis with character judgment, inviting jurors to rely on cultural assumptions rather than objective facts. The “blind mule” phenomenon demonstrates the human cost, disproportionately affecting women from marginalized backgrounds, and reflects violations of due process and the presumption of innocence. The article argues for judicial and legislative reforms, including rigorous enforcement and clarification of Rule 704(b), to prevent stereotypes from …

Body Of Law: When Content Moderation Becomes Gender Oppression And Triggers Legal Consequences, Sarah E. Bahrenburg

Journal of Race, Gender, and Ethnicity

For as long as the Internet has existed, it has been used as a tool for good and as a tool for malice. However, there is a discrepancy between punishment for those maliciously invading individuals’ personal space and those posting consensual images of themselves for art or entertainment purposes (not to mention for work). Over the years, while attempting to create safe spaces for people to express themselves, the Internet has also created barriers to individuals doing just that. The Internet and the laws surrounding exposure therein have become increasingly misogynistic and anti-women’s sexual freedom. The laws encompassing safety on …

Get Out Of Jail Free: The Monopoly Of Big Pharma & Drug Addiction, Melissa E. Morello

Journal of Race, Gender, and Ethnicity

This article analyzes the legal and social parameters of drug addiction and the opioid epidemic, arguing that pharmaceutical companies, lawmakers, and systemic institutions have effectively “gamified” public health, addiction, and their own accountability. It traces the historical trajectory of drug regulation, from early opioid use and racially motivated enforcement policies to the War on Drugs and the emergence of the prescription opioid epidemic fueled by aggressive pharmaceutical marketing. The analysis explores pivotal case law and legislation addressing addiction, highlighting the legal system’s struggle to reconcile criminal accountability with the recognition of addiction as a disease. Throughout this article, there will …

The Impact Anti-Abortion Laws Will Have On Domestic Violence Victims Post-Dobbs Decision, Elissa Schlissel Goldberg

Journal of Race, Gender, and Ethnicity

This paper will focus on the impact a total or near-total abortion law may have on domestic abuse and how male abusers may attempt to seek control by taking advantage of the law. This paper will first address domestic violence, specifically focusing on the different ways domestic violence can manifest and their definitions. Next, the paper will shift focus to abortion and how states have tried to limit a woman’s ability to access abortion. The paper will then move to focus on the connection between domestic violence and abortion, looking into the data from past researchers and the trends that …

Balancing The Scales Between The Evolution Of Affirmative Action Policies And The Equal Protection Clause, Jesicca Patel

Journal of Race, Gender, and Ethnicity

This article argues that the Supreme Court’s ruling ending affirmative action was correct. Affirmative action does not solve the underlying issues of racial inequality and systemic oppression. Instead, affirmative action undermines the success of minorities and inflames racial tensions. This article is divided into Five Parts. The first part examines U.S. Supreme Court precedent addressing the Court’s decisions in upholding affirmative action policies in educational settings before Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The second part discusses Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and why the Supreme Court …

Adaptive Machine Learning Framework For Microstructural Optimization And Mechanical Performance Prediction In Steels, Henry Adekola Haffner

Doctoral Dissertations

Evolution of microstructures, such as polygonal ferrite, acicular ferrite, bainite, and martensite, plays a pivotal role in determining the final microstructural and mechanical properties of steel products. Given the established inter-relationship between processing parameters, microstructure, properties, and performance, precise control of phase transformation is essential to achieve pre-determined properties. To understand transformation routes in different steel grades, time-temperature-transformation (TTT) and continuous-cooling-transformation (CCT) diagrams are necessary and can be described using the Johnson-Mehl-Avrami-Kolmogorov equation and Scheil’s additivity rule. This study presents a comprehensive computational framework for predicting and optimizing microstructure and mechanical properties in advanced high-strength steels (AHSS) using adaptive machine …

Trust-Aware Algorithms For Stackelberg Ground Vehicle Routing, Doris Evelyn Meredith Brown

Doctoral Dissertations

Despite decades of research focused on reducing ground vehicle traffic congestion, urban traffic networks worldwide continue to experience traffic flows that lead to increased network travel times, largely resulting from the routing decisions of individual vehicles. To address this challenge, this work leverages a Stackelberg game framework to model the interaction between a vehicle agent and a routing authority as a leader–follower game, in which the routing authority proposes routing interventions to which the agent responds. This research contributes to existing traffic mitigation literature by exploring the role of trust in route decision-making and providing trust-aware algorithms that influence vehicle …

Efficient Search For Detection Candidates Using A Peak Finder Strategy For All-Sky-All-Frequency Gravitational Wave Radiometer, Arindam Sharma, Deepali Agarwal, Sanjit Mitra

Physics & Astronomy Faculty Publications

The first all-sky-all-frequency (ASAF) radiometer search was conducted using data from the first three observing runs of the Advanced LIGO and Advanced Virgo detectors. The significance of this search lies in its fast and unmodeled approach, leveraging a cross-correlation technique to identify common signals across the detector network. As a result, this method serves as an excellent alternative to search for unknown or poorly modeled continuous wave sources and narrow band components of the gravitational wave (GW) background. For continuous wave sources whose waveform can be modeled, this method can serve as the first stage of a hierarchical scheme by …