Digital Commons Network^™

Transportation Law’S Congestion Problem, Sara C. Bronin

GW Law Faculty Publications & Other Works

Transportation law has a congestion problem: our federalist system of government allows federal and state actors to stymie innovative, locally driven projects that aim to reduce driving. This problem is illustrated in the decades-long legal battles over New York City’s plan to impose “congestion pricing” to toll drivers entering certain parts of Manhattan. Overcoming grandstanding elected officials, lawsuits resting on state and federal supremacy, and even a federal legislative override, congestion pricing was finally launched in January 2025. New Yorkers and suburbanites alike almost immediately started benefiting from cleaner air, faster commutes, safer roads, and increased economic activity and productivity—plus …

Restorative Restitution, Lula Hagos

GW Law Faculty Publications & Other Works

How to best meet the needs of crime victims while also furthering the imperative of decarceration has long vexed advocates and scholars alike. This dilemma comes into sharp focus when one examines two developments in criminal procedure that, until now, have been analyzed separately: victim restitution and restorative justice.

Criminal restitution, the monetary payments ordered from defendants to victims, often fails both groups. Because most defendants are indigent, restitution obligations lengthen defendants’ involvement with the criminal legal system without delivering meaningful compensation to victims, making restitution more symbolic than restorative. At the same time, interest in restorative justice has surged …

Common Schemes, Real Harm: Examining Fraud In Medicare And Medicaid, Hearing Before The United States House Of Representatives Committee On Energy And Commerce, Subcommittee On Oversight And Investigations, Jessica Tillipman

GW Law Faculty Publications & Other Works

The testimony argues that effective Medicare and Medicaid program integrity requires clear definitions, sustained oversight capacity, and incentives aligned toward prevention rather than retrospective recovery. It stresses that “fraud” is a legal determination and should not be conflated with broader measures of improper payments or documentation deficiencies, because that confusion distorts risk assessments and policy responses. It evaluates the current enforcement ecosystem across CMS, HHS-OIG, DOJ, GAO, and state partners, emphasizing coordination, stable resourcing, and accountability in managed care as central to deterrence. It also highlights how advanced analytics and generative AI can both amplify fraud schemes and strengthen detection, …

Justice Kagan’S Presidential Administration Article Twenty-Five Years Later, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This article is a contribution to a symposium on the durability of the famous article that Visiting Professor (now Justice) Kagan wrote in 2001 in her successful effort to obtain a tenured position on the Harvard faculty. The title of the article was “Presidential Administration.” Professor Kagan described the history of efforts to govern the administrative state and argued in support of the highly personal and overtly political approach taken by her former boss, President Clinton.

Professor Pierce begins by discussing at length agency adjudication--an important topic that Professor Kagan discussed in only a few paragraphs. He concludes that Professor …

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 …

The Promise Of Artificial Intelligence For Identifying And Interpreting The Sources Of International Law, Sean D. Murphy

GW Law Faculty Publications & Other Works

Sir Michael Wood’s remarkable career was deeply enmeshed in the pragmatics of international law; how to make it work as a part of the lawyering that occurs daily in foreign ministries, international organizations, and courts or tribunals. Yet that focus on practical lawyering did not allow him to eschew broader considerations of doctrine and even theory. While his work on the International Law Commission as Special Rapporteur for Identification of Customary International Law was motivated by a sense that national court judges struggled to understand the basic parameters of that source of law, the work necessarily entailed grappling with some …

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 …

Chapter 2: Do We Still Believe In Process? Democracy And The Fundamental Value Of Dialog Across Difference, Paul S. Berman

GW Law Faculty Publications & Other Works

This essay surveys a few of the many ways to understand what democracy actually is and how to evaluate when it exists and when it is lost. Ultimately, I argue for a pluralist vision that emphasizes both democracy and law's potential ability to bring multiple communities and differing worldviews into dialog with each other. But no conception of democracy can survive unless people are willing to embrace the idea that a fair process can lead to an undesired outcome and that, therefore, even those who lose in a process can have sufficient faith in that process to abide by and …

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 …

Taking Legal Pluralism Seriously: Federalism, Diversity Jurisdiction, And The Erie Doctrine, Paul S. Berman, Emma Bjeldanes

GW Law Faculty Publications & Other Works

The U.S. Supreme Court’s watershed decision in Erie Railroad Co. v. Tompkins is sometimes read to require federal judges hearing claims based on federal diversity jurisdiction to apply state law, essentially as if the case were being decided in a state court. The doctrine therefore appears to create a categorical rule disempowering federal courts from ever departing from state law, despite the Constitution’s grant of federal jurisdiction. However, as the Court’s 2026 Erie case, Berk v. Choy, makes clear, sometimes the Erie analysis is used to empower federal courts to override clear state policy choices embodied in state law simply …

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 …

Erie And The Constitution's Constraints On General Law, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

The Constitution of 1787 was the instrument by which the people of the States made a partial and conditional transfer of sovereign authority to a new federal government. To preserve the States’ residual sovereignty, the Constitution established a system of conditional federal supremacy. Specifically, it made the federal government’s ability to displace of state law contingent on compliance with specific structural and procedural safeguards. The Supremacy Clause identifies only three sources of “the supreme Law of the Land”—the Constitution, laws enacted pursuant to it, and treaties made under its authority. For each of these sources of law, the Constitution specifies …

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 …

Brief Of Amici Curiae Professor Steven L. Schooner In Support Of Plaintiffs-Appellees And Affirmance In Epa Et Al. V Green & Healthy Homes Initiative, Inc. Et Al., (U.S. Fourth Circuit, 25-1808), May 19, 2026., Steven L. Schooner, David Livshiz, Nathaniel Castellano, Jayna Rust, Catherine Katz, Miguel Serrano

GW Law Faculty Publications & Other Works

This is an amicus brief in support of affirmance in EPA et al. v Green & Healthy Homes Initiative, Inc. et al., (D.C. Md. 1:25-cv-01096).  Amicus is interested in ensuring that contractors, grantees, and others who do business with the Government and/or participate in Government funded programs are treated fairly when pursuing their rights and remedies and also ensuring that public institutions (particularly the courts) appreciate and account for the many ways that Congressional mandates, public contracts, grants, cooperative agreements, and other funding mechanisms impact  the public's quality of life.

The brief asserts that the Government errs and does a …

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 …

The Union Gospel Mission Cases, Church Autonomy, And Co-Religionist Hiring: A Response To Professor Esbeck, Robert W. Tuttle, Peter J. Smith

GW Law Faculty Publications & Other Works

Courts have increasingly applied a doctrine of church autonomy to resolve claims involving religious organizations. A recent decision of the Ninth Circuit invoked the doctrine to permit religious employers to favor co-religionists in hiring, even for non-ministerial positions. Professor Carl Esbeck has written a thoughtful critique of the court’s decision. This essay responds to Esbeck and, more broadly, provides a criticism of church autonomy doctrine and a roadmap for decision when the Ninth Circuit’s opinion is reviewed en banc. In our view, courts should apply a doctrine of ecclesiastical abstention, which prevents them from resolving specifically religious questions. But we …

Spending Programs And The New Roberts Court, Nicole Huberfeld

Faculty Scholarship

The Supreme Court is poised to place new limits on Congress’s spending power at the urging of states vying for regulatory dominance, particularly in health care and public health. This article is the first to highlight and catalog the throughlines of argumentation, which sparked after states successfully challenged the ACA but have grown into opposing more than Medicaid’s cooperative federalism. This means federal and state programs that heavily rely on federal spending power are at risk, so studying this pattern is imperative. The article begins with a descriptive account of increasing spending power challenges, which make use of converging factors …

The Difference A Year Makes: The Admissibility Of Expert Opinion Testimony Under The 2023 Amendment To Federal Rule Of Evidence 702, Daniel J. Capra, Liesa L. Richter

Faculty Articles

No abstract provided.

Adnexal Magnetic Resonance (Adnex –Mr) Scoring System; A New Standardized Method For Characterization Of Adnexal Masses Inside Mansoura University Hospitals, Nora Diaa Ali Okab, Basma Elged, Sherif Abdel Fatah Moustafa, Sieza Samir, Yasser.M. Mesbah

Mansoura Medical Journal

Background Gynecologic masses are the most common subject of gynecologic imaging. The usefulness of MRI is high in the characterization of adnexal masses. The ADNEX MR classification framework was launched to stratify sonographically identified adnexal masses in to five groups based on their probability of malignancy: grade 1 (no lesion), grade 2 (benign), grade 3 (probably benign), grade 4 (indeterminate), and grade 5 (probably malignant). Aim to determine the accuracy of the ADNEX MR scoring system in classification of adnexal masses at Mansoura University Hospitals (MUH). Methods A total of 48 female patients with 52 adnexal masses on ultrasound were …

Prevalence And Spectrum Of Genitourinary Anomalies In Children With Anorectal Malformations, Adnan El-Ghazaly, Tamer A. Wafa, Ahmed M. Negm, Adham W. El-Saied

Mansoura Medical Journal

Background: Anorectal malformations (ARMs) encompass a broad range of congenital defects and are frequently associated with genitourinary (GU) anomalies, which may contribute to long-term morbidity if undetected. This study aimed to determine the prevalence and spectrum of GU anomalies in children with ARMs, describe the urological and genital findings, and assess associations with sex and ARM type.

Patients and Methods: A prospective survey enrolled children diagnosed with ARMs at a tertiary pediatric surgery center. All patients underwent standardized clinical assessment, including focused genital examination and structured imaging. Abdominal ultrasonography (US) served as baseline screening for urinary tract anomalies. Voiding cystourethrogram …

Frame: Fast Reference-Based Ancestry Makeup Estimation Tool, Pramesh Shakya, Ardalan Naseri, Degui Zhi, Shaojie Zhang

Faculty, Staff and Student Publications

Motivation: The availability of large-scale genetic data presents a unique opportunity to study the genetic ancestries of individuals, which requires an efficient and scalable method. The existing global ancestry methods are accurate, but they cannot scale to large genetic datasets. Identity-by-descent (IBD) segments are DNA segments shared by individuals such that they are inherited from a common recent ancestor without recombination. These IBD segments, which reflect co-ancestry, provide an efficient alternative for inferring genetic ancestry.

Results: We introduced a reference-based global ancestry inference method called FRAME (Fast Reference-based Ancestry Makeup Estimation). FRAME utilizes partial local ancestry information estimated through IBD …

Music Interventions For Critically Ill Patients: Evaluating Effects Of Music On Psychoemotional Symptoms In Critically Ill Patients Receiving Respiratory Support, Allyson Crighton

Honors Undergraduate Theses

Critically ill adults receiving respiratory support in intensive care units (ICUs) frequently experience psychoemotional disturbances such as agitation, anxiety, and delirium, which contribute to prolonged ventilation, increased sedative use, and adverse patient outcomes. While pharmacologic management remains standard practice, associated risks including oversedation and delirium highlight the need for safe, complementary interventions. Emerging evidence suggests that music-based interventions may offer a non-invasive, cost-effective strategy to reduce psychological or emotional distress in this vulnerable population. This integrative literature review examined the effects of music interventions, including passive music listening and structured music therapy, on agitation and related psychoemotional outcomes in critically …

How The Supreme Court’S Inconsistent Approach To Granting Emergency Relief Will Exacerbate, Rather Than Mitigate The Disruption Its Emergency Stay Policy Is Supposed To Address, Harvey L. Reiter

Cardozo Law Review de•novo

The federal government has used the Supreme Court’s emergency or “shadow” docket to great effect this past year, securing stay after stay of lower court rulings that had blocked many of the President’s executive orders. But the Court’s rulings have come, almost invariably, without any explanation of its reasoning. And its opaque and uneven rulings have also come at a potential cost to the Court’s credibility. This Article illustrates the uneven nature of the Court’s rulings by contrasting two lines of cases: (1) the Court’s stays of lower court rulings restoring to their positions FTC, NLRB, EEOC, and MSPB members …

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Philsongs: A Study Of Campfire Music Performed At Scouting America’S Philmont Scout Ranch (2014 To 2021), Ellyn Rager

Theses and Dissertations--Music

This dissertation focuses on Philmont Scout Ranch, a national Scouting America high adventure base in New Mexico and the largest youth camp in the world, arguing that music at Philmont serves as a cultural force that fosters an intensive communal bond among staff and campers by blending participatory and presentational music-making practices, while producing and reinforcing memories of Philmont through interpretive performances that negotiate the place’s historical narratives. Using surveys, interviews, and Thomas Turino’s framework of participatory and presentational music-making to interpret the author’s 100 hours of field recordings, this study examines aspects of Philmont’s musical habits between 2014 and …

The Relationships Among Maternal Stress, Disordered Eating, Depressive Symptoms, And Infertility In Women Throughout The Postpartum Period, Christina Shoshilos

PCOM Psychology Dissertations

The perinatal period is a critical time of psychological, physiological, and social transition that can increase vulnerability to mental health challenges, particularly during the first year postpartum. This study examined the relationships among maternal stress, depressive symptoms, and disordered eating behaviors in postpartum women, with additional focus on differences by postpartum stage (0 to 6 months vs. 6 to 12 months) and infertility history. Participants (N = 248) were cisgender women who had given birth within the past 12 months and completed validated self-report measures of maternal stress, depressive symptoms, and disordered eating behaviors. A multiple regression analysis revealed …

Effects Of Fermented Soybean Products On The Human Gut Microbiome, Microbial Metabolism, And Host Physiology, Shannon Moncier

Biology Dissertations

Fermented soybean products (FSPs) contain soybean-derived substrates, fermentation-associated microorganisms, and bioactive compounds that may interact with the human gut microbiome and host physiology. However, despite the growing interest in FSPs, longitudinal human studies specifically evaluating traditional Korean-FSPs (K-FSPs), particularly among United States-based populations, remain limited. The objective of this work was to evaluate the effects of three K-FSPs, including Cheonggukjang, Gochujang, and Doenjang, on host physiological responses, gut microbial community structure, predicted microbial functional potential, and fecal butyrate responses in healthy adults. Three independent dietary intervention cohorts were conducted using FSP formulations produced either by traditional artisan methods (Product A) …

The Anonymous Officer, Shawn E. Fields

Faculty Scholarship

(Forthcoming 2026) Masked, plainclothes immigration agents in unmarked vans have terrorized communities in Chicago, Los Angeles, Minneapolis, and beyond. The indiscriminate violence committed by federal officers who at times appear indistinguishable from paramilitary units has forced immigrants into hiding and left lawmakers scrambling to address a growing and largely legal anonymity crisis in law enforcement. This Article explores the undertheorized implications of anonymous law enforcement, situating the rise of masked policing within a larger project of democratic retrogression and executive aggrandizement. Anonymity in policing and immigration enforcement frustrates core democratic norms of transparency, accountability, and legitimacy, providing the opacity needed …

Trump's War On Diversity, Equity, And Inclusion, Nancy C. Marcus

Faculty Scholarship

Among the many head-spinning developments that have occurred from the first days of President Trump’s second presidency are his attacks on DEI (diversity, equity, and inclusion), including anti-DEI edicts targeting educational institutions. This article provides a chronology and analysis of the early 2025 Trump administration’s attacks on DEI targeting schools nationwide, the resulting harms, and responses thereto, including litigation. A discernible refrain in the early litigation challenging President Trump’s anti-DEI attacks targeting educational institutions across the country has been how those attacks cross a clear constitutional line: the prohibition of unconstitutionally obscure governmental mandates. At its core, the void-for-vagueness doctrine …