Digital Commons Network^™

Buying Blind: Corruption Risk And The Erosion Of Oversight In Federal Ai Procurement, Jessica Tillipman

GW Law Faculty Publications & Other Works

The United States is accelerating toward a corruption crisis of its own making. In its race to rapidly acquire artificial intelligence (AI), current policy risks undermining longstanding procurement integrity safeguards. This article examines how AI increases traditional corruption risks and introduces new vulnerabilities that current oversight mechanisms are ill-equipped to address.

Recent federal AI policies have accelerated adoption while simultaneously narrowing regulatory oversight, effectively leaving “regulation by contract” as the primary—and profoundly inadequate—mechanism for embedding safeguards. The consequence of these policies is that the government is “buying blind,” acquiring AI technologies without adequate transparency, audit rights, or testing requirements. These …

Ethnonationalism By Algorithm, Spencer A. Overton

GW Law Faculty Publications & Other Works

In the United States, artificial intelligence (“AI”) policy has become a critical arena for ethnonationalism—an ideology that defines national belonging through shared ancestry, culture, and language. Amid rapid demographic change and cultural anxiety, the second Trump Administration has harnessed federal AI governance to advance its broader agenda of dismantling diversity—most notably through Executive Order 14,179, “Removing Barriers to American Leadership in Artificial Intelligence” and related legal directives. By eliminating safeguards against algorithmic bias and recasting equity as an ideological threat to innovation, the policies facilitate exclusion under the guise of neutrality. These moves are not merely deregulatory; they represent a …

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign rights or powers—including …

Brief Of Amicus Curiae Professor Steven L. Schooner In Support Of Petitioners' Petition For Certiorari In King V. United States (U.S. Supreme Court), Aram A. Gavoor, Eric Frank, Giovanna Milano, Matt Novotny, Tegan Oliver, Kaci Waguespack, Steven L. Schooner

GW Law Faculty Publications & Other Works

This is an amicus brief in support of a U.S. Supreme Court petition for certiorari in King v. United States (No. 25-856), in which GW Law School's GW Law’s Administrative Law, Issues, and Appeals Clinic represented government contracts expert, GW Law Professor Steven L. Schooner). Petitioners—retired UPS employees William King, Stephen Dardzinski, and the Estate of Anthony Gugliuzza (on behalf of a class of retirees and pension beneficiaries)—challenge the Federal Circuit’s novel “underlying assets” test (created in reviewing a matter initially decided in the U.S. Court of Federal Claims), which withholds per se Takings Clause protection for vested rights to …

Information Regulation As Antidiscrimination, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

Employment discrimination law is under sustained retrenchment, nowhere more so than in hiring, the gateway to work and the foundation of equal employment opportunity. A recent executive order declared the disparate impact theory—a key doctrine of hiring equality—unconstitutional and barred its use by the federal government. The Supreme Court’s curtailment of race-conscious admissions has cast serious doubt on the future of affirmative action in employment. Enforcement agencies have redirected their efforts, abandoning disparate impact suits, scrutinizing employers’ diversity initiatives, and soliciting claims by white men. These developments further weaken a regime that has long struggled to redress discrimination at the …

Brief For International Law Scholars As Amici Curiae In Support Of Respondents, Cisco Systems, Inc. V. Doe I, William S. Dodge

GW Law Faculty Publications & Other Works

This amicus brief was filed with the U.S. Supreme Court on behalf of international law scholars in Cisco Systems, Inc. v. Doe I. The brief addresses whether claims for aiding and abetting violations of international human rights may be brought under the Alien Tort Statute. Part I argues that, under Sosa v. Alvarez-Machain (2004), whether aiding and abetting claims are actionable is determined by customary international law rather than U.S. domestic law. Part II argues that customary international law’s prohibition against aiding and abetting human rights violations meets the Sosa standard. Drawing on instruments establishing the Nuremberg tribunals, the International …

Brief Of Amici Curiae Professors Steven L. Schooner And Gregory C. Sisk In Support Of Petitioners' Combined Petition For Panel Rehearing And Rehearing En Banc In Syneren Technologies Corp., Et Al, V. United States (U.S. Federal Circuit), April 6, 2026., Steven L. Schooner, Gregory C. Sisk, Travis L. Mullaney

GW Law Faculty Publications & Other Works

This is an amicus brief in support of a petition for rehearing (and rehearing en banc) in Syneren Technologies Corp., et al, v. United States (No. 2024-1424). Amici are law professors interested in ensuring that bedrock principles of administrative law, including Administrative Procedure Act (“APA”) standards, are applied to ensure that federal agencies act with integrity, accountability, and engage in fair and regular processes that do not subject contractors to arbitrary and capricious government action.

The brief advocates for U.S. Federal Circuit en banc rehearing on the issue of whether a federal agency can unilaterally, and without leave of the …

Taking Stock Of Comparative Law Teaching In U.S. Legal Education, Francesca Bignami, Irene Calboli

GW Law Faculty Publications & Other Works

For over 25 years, U.S. law schools have sought to globalize their curricula, reflecting the increasing interconnectedness and international scope of legal practice. Although there have been efforts to take stock of the impact of globalization on law schools, the vast majority have focused on international law, not comparative law. This U.S. National Report, written for the International Academy of Comparative Law’s 2026 Congress, fills the knowledge gap. In summer and fall 2024, we conducted a survey that examined course offerings, requirements, and opportunities for JD students. The survey was supplemented by interviews and a literature review of law schools …

The Evolving Procurement Fraud Landscape: Emerging Risks For Government Contractors, Jessica Tillipman, Sarah Needham

GW Law Faculty Publications & Other Works

This Briefing Paper examines the evolving procurement fraud enforcement landscape and identifies emerging risk areas that government contractors should monitor. While procurement fraud has long been an enforcement priority across administrations, the current Department of Justice has aggressively expanded its use of the False Claims Act (FCA) and related authorities, embedding fraud enforcement into the contractor compliance infrastructure through new task forces, mandatory contract clauses, Federal Acquisition Regulation deviations, and disclosure obligations aligned with current policy priorities including cybersecurity, anti-discrimination, and trade compliance.

The Paper begins by mapping the federal fraud enforcement taxonomy, distinguishing among criminal fraud provisions under Title …

Clickwrap Accountability, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Picture a public-facing generative AI chatbot on a government website that can answer questions about benefits eligibility.  Systems like these expose a sociotechnical-legal divide: they route around the standard due process framework, because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal guidance.  Moreover, if there is an error, current doctrine on government errors and equitable estoppel makes relief unlikely.

This Essay focuses on government deployment of public-facing generative AI chatbots and critically assesses the front-end power dynamics that determine who is filtered out of government programs before …

Selective Prosecution In The Age Of Trump: The Presumption Of Regularity Problem, Cynthia Lee

GW Law Faculty Publications & Other Works

After taking office for the second time in January 2025, President Donald J. Trump repeatedly and openly called for then-U.S. Attorney General Pam Bondi and the Department of Justice, which she led, to investigate and prosecute Trump’s perceived enemies. At the same time, several of Trump’s current and former cabinet members, who allegedly had committed similar or worse criminal acts, were not prosecuted, raising concerns that the Department of Justice is not administering justice fairly.

Even though the prosecutor’s charging discretion is broad, it is not supposed to be unfettered. One way that prosecutorial charging discretion can be checked is …

The Future Of Governance, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this contribution to a symposium, Professor Pierce describes the traditional ways in which we have governed the federal regulatory process and then describes the major changes in the legal and political environment that require us to create a new regulatory governance structure. He concludes that we need to take three steps: (1) change the primary election process in every state from a closed primary to either an open primary or a bipartisan primary; (2) defend the rulemaking process from the many attacks on it; and (3) be prepared to abandon the traditional structure of agency adjudications in favor of …

Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

Pona V. State, 329 A.3d 485 (R.I. 2025)., Trina Capezza

Roger Williams University Law Review

No abstract provided.

Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum

Roger Williams University Law Review

No abstract provided.

Thornton V. State, 332 A.3d 912 (R.I. 2025)., Matthew Alden Zeller

Roger Williams University Law Review

No abstract provided.

Performing The Digital Identity: A Media Discourse Analysis Of Online Identity Construction, Dalya Qasem

Graduate Studies Theses and Dissertations 2026

This dissertation investigates how news media construct narratives about TikTok and its role in shaping digital identity. While existing scholarship has examined issues such as privacy, marketing, and entertainment, less attention has been given to how identity is represented, negotiated, and understood within public discourse. Using Critical Discourse Analysis (CDA) combined with computational text analysis through Voyant Tools, this study analyzes a corpus of 111 news articles published between 2020 and 2025 that explicitly reference TikTok and identity. The analysis identifies prominent keywords, topics, and rhetorical patterns across media texts. Furthermore, the research demonstrates a critical analysis of popular understandings …

Abject And Uncanny Manifestations Of Sexuality And Sexual Desire In Nineteenth-Century Gothic Literature, Varvara Kuznetsova

Theses and Dissertations

This thesis explores the ways in which psychoanalytic concepts of the abjection and the uncanny were used to depict monsters and monstrous bodies in nineteenth-century Gothic literature as a site of social, cultural, and sexual transgression. Through the intersections of queer theory, monster theory, and psychoanalytic theory, I examine and analyze depictions of women as monstrous figures in Samuel Taylor Coleridge’s Christabel (1816), Mary Shelley’s Frankenstein; or, The Modern Prometheus (1818), and Sheridan Joseph Le Fanu’s Carmilla (1872). In particular, I aim to detail how language and descriptions of women monsters become coded elements that reveal monstrosity and transgression.

Meet Me In The Middle: Transformational Coaching As A Strategy To Disrupt Middle School Teacher Attrition, Aimee J. Pettit

Theses and Dissertations

Teacher attrition among early-career educators remains a persistent challenge in middle school settings, particularly in schools serving historically marginalized student populations. At Nevermore Academy Middle School, newly hired teachers continue to leave the profession despite the implementation of traditional onboarding and mentoring programs, citing challenges with classroom management, limited societal respect for the profession, emotional exhaustion, and inadequate compensation. High rates of teacher turnover disrupt instructional continuity and disproportionately affect students from low-income households, many of whom are students of color. This qualitative study examined the lived experiences of new teachers at Nevermore Academy and explored how participation in transformational …

Nanofibrous Materials And Nanoparticles For Combating Antimicrobial Resistance: Synthesis, Integration, And Translational Perspectives, Rewati Raman Ujjwal, Ashish Dilip Sutar, Rahul Shukla, Gymama Slaughter

Center for Bioelectronics Publications

Antimicrobial resistance (AMR) is a major global health challenge driven by mechanisms such as biofilm formation, efflux pumps, and genetic mutations. Nanoparticulate and fibrous materials have emerged as promising strategies to overcome these limitations through multimodal antimicrobial action and controlled drug delivery. This review highlights recent advances in electrospun nanofibrous systems, including natural and synthetic polymer-based scaffolds, stimuli-responsive nanofibers, and functionalized patches. Nanoparticle-loaded nanofiber systems demonstrate enhanced performance, including bacterial eradication, sustained drug release, and significant biofilm disruption. Multifunctional systems combining antimicrobial, antioxidant, and immunomodulatory properties further show synergism. Emerging innovations, such as piezoelectric and smart sensing systems, enable self-powered …

Daily Rhythms In Psychosocial Stress, Sleep, And Mood: A Multimethod Approach To Transdiagnostic Psychopathology Risk And Intervention, Gabriel Gilmore

Theses and Dissertations--Psychology

Rhythms are central to nearly every core physiological and psychological process and have profound influences on overall health and well-being, particularly in the context of mood disorders. This dissertation emphasizes a rhythm-centered framework for understanding transdiagnostic psychopathology, proposing that the temporal organization of psychosocial stress, sleep, and mood provides crucial information for the development and treatment of mood disorder symptomology. Current literature relies primarily on mean symptom levels, overlooking day-to-day patterns in psychosocial experiences. To address this key methodological gap, three studies are examined. Study 1 develops and validates the Psychosocial Stress Regularity Measure (PSRM), a brief single-item measure of …

Examining Marginalized Sexual Identity Development Through Perry’S Scheme Of Cognitive Development, Miranda Bejda

University of Kentucky Doctoral Dissertations

Existing models of LGBTQ+ sexual identity development are critiqued for their linearity and lack of inclusion for diverse experiences and sexual identities. There is a call for a more robust understanding of the cognitive aspect of sexual identity development. The purpose of this dissertation is to further the understanding of how people think about their sexual identity through the developmental process using Perry’s scheme of cognitive development as a framework. Through semi-structured interviews, I analyze the LGBTQ+ sexual identity development process (Stage 1), how Perry’s scheme applies to LGBTQ+ sexual identity development (Stage 2), and propose a Perry-informed model of …

Batting Around Section 363: Sports Franchise Sales, League Consent, And The Boundaries Of Bankruptcy, Katelyn Pantano

Bankruptcy Research Library

(Excerpt)

The question presented is whether a bankruptcy court may authorize the sale of a professional sports franchise without league consent, and whether bankruptcy courts should permit such sales as a matter of policy.

The client, The New York Bets (“the Bets”), is a professional baseball franchise experiencing financial distress and is considering filing for Chapter 11 bankruptcy to facilitate a sale to a new owner. The MLB’s governing documents require league approval, a three-quarters vote of all club owners, for any ownership transfer. The client is now considering Chapter 11 bankruptcy to avoid this approval process and instead have …

Mapping The Geography Of Economic Espionage In The United States (2000–2025): An Applied Counterintelligence And Spatial Analysis, David A. Turner

Graduate Research Papers

This Graduate Research Project examines whether economic espionage incidents within the United States exhibit structured geographic patterns aligned with innovation ecosystem density. Using a verified dataset of 135 publicly documented economic espionage and foreign-linked trade secret theft cases between 2000 and 2025, this study applies Geographic Information Systems (GIS) analysis to evaluate spatial concentration, sectoral prioritization, and foreign nexus distribution.

Kernel Density Estimation and state-level aggregation reveal disproportionate clustering within innovation-dense regions, including California, New York, and major Midwestern industrial corridors. Aerospace and defense technologies, energy technologies, and semiconductors and microelectronics collectively account for 55.6 percent of all documented cases. …

Population Genomics And Evolution Of Pseudomonas Aeruginosa, Samara T. Choudhury

Electronic Theses & Dissertations (2024 - present)

Pseudomonas aeruginosa is a Gram-negative bacterium ubiquitous in diverse environments and an opportunistic pathogen in humans. It is a leading cause of chronic lung infections in cystic fibrosis patients and of hospital-acquired pneumonia and sepsis. With a large flexible genome and abundant mobile genetic elements, P. aeruginosa exhibits high levels of antimicrobial resistance (AMR), making it a significant public health threat. Evolutionary processes such as homologous recombination, and horizontal gene transfer generate extensive genomic diversity in this species and facilitate the spread of resistance genes. In this dissertation, I investigate the genetic and evolutionary factors shaping P. aeruginosa population structure …

Corporate Cybersecurity Governance: Director Liability Under Europe’S Nis2 Directive And The Emerging Fiduciary Duty Of Proactive Cybersecurity Oversight, Stacey B. Barrack

American University Business Law Review

This Comment examines the implications of the European Union’s Network and Information Security 2 Directive (“NIS2”) on corporate cybersecurity governance, with a particular focus on the fiduciary duties of directors in multinational corporations operating in the United States. The NIS2 Directive, adopted in 2023 and currently being transposed into national law by EU member states, mandates that boards of directors must directly approve and oversee—and can be liable for—the cybersecurity risk management measures taken by their companies. 

This Comment delves into the intersection of NIS2 with Delaware corporate law and examines how NIS2 influences the fiduciary duty of oversight for …

The Future Of Monetary Federalism: Rethinking Supremacy In The Stablecoin Era, Richard H. Fair

American University Business Law Review

[INTRODUCTION] In the summer of 2023, the State of Wyoming enacted a law authorizing its state treasurer to issue a blockchain-based, state-backed digital stablecoin known as the Wyoming Stable Token (“WYST”). Two years later, Congress passed the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act, GENIUS, or the Act), moving to establish a comprehensive federal regulatory regime for stablecoins. These dueling initiatives have sparked more than regulatory confusion; they have set the stage for a structural clash between state financial innovation and federal monetary supremacy. At the heart of this confrontation lies a question that the Constitution …

A Proposed Tort To Address The Negligent Enablement Of Cloud Data Breaches, Michael L. Rustad

American University Business Law Review

[INTRODUCTION] The term “cloud computing” means the remote storage of software applications, tools, and data accessed through the internet. Cloud customers enter into subscription agreements with providers who give 24/7, on-demand, as-needed access to software, storage, and networking services owned and managed by providers through a web browser. “Many businesses are transitioning to the cloud for data storage, remote work, and collaboration.” Cloud providers operate their software as a software-as-a-service (“SaaS”) model, under which customers pay a subscription fee to access the software. Netflix and Amazon Prime Video are examples of subscription services that deliver television programs and videos through …

Preserving Platform Innovation With A Narrow Exception: Section 230(C)(1) Immunity For Algorithmic Recommendations, John "Jack" Di Masi

American University Business Law Review

This Comment examines Section 230(c)(1)’s immunity for online platforms that use machine-learning algorithms to recommend third party content and proposes a narrow exception for truly “bad-actor” cases. It reviews Section 230’s text, as well as its early cases, showing that Congress intended broad protection for editorial functions such as content organization. It then traces how recommendation algorithms evolved and how courts treat algorithmic sorting as a neutral tool. This Comment addresses conflicting interpretations and defends broad immunity for routine curation. This Comment argues that immunity should be stripped only after a balancing test under a three-factor “bad-actor” framework—one that evaluates …

The Growing Divide: The Video Privacy Protection Act’S Inconsistent Subscriber Standard And The Need For Reform, Andrea Pacheco

American University Business Law Review

The Video Privacy Protection Act of 1988 (“VPPA”) has been brought into the twenty-first century due to a series of class action lawsuits surrounding consumer privacy rights in an increasingly digital world. A circuit split has emerged among the federal appellate courts on the meaning of the word “subscriber” under the VPPA and whether the statute’s protections should extend to casual users of goods and services provided by videotape service providers. The outcome of this debate carries significant implications for consumer privacy and business compliance obligations due to the escalation of business practices involving the collection of consumer data and …