Digital Commons Network^™

From Data To Decisions: Why Ai Inferences Should Count As ‘Effects’ Under The Fourth Amendment, Susan Tanner

Minnesota Journal of Law, Science & Technology

This Article argues that AI-driven microtargeting, enabled by large-scale data brokerage and increasingly acquired by government actors, creates a dual constitutional problem. First, it undermines Fourth Amendment protections through what has become known as the ‘data broker loophole.’ Second, it amplifies inequality and civic distortion by segmenting political information flows in ways that evade traditional constitutional checks and statutory privacy regimes. Building on Carpenter v. United States, Riley v. California, and United States v. Jones, this Article proposes a doctrinal framework that treats government acquisition of granular behavioral datasets and model outputs as ‘searches,’ even when intermediated by private actors, …

Sentinels Of Security -- A Case For State Leadership In The Quantum Era, J.T. Ayotte

Minnesota Journal of Law, Science & Technology

No abstract provided.

Trends In Pharmaceutical Patent Settlements Since Actavis And Private Plaintiffs' Causation Requirement, Kelly Lear Nordby

Minnesota Journal of Law, Science & Technology

In January 2025, the U.S. Federal Trade Commission (FTC) reported that a new form of “possible compensation” from brand drug manufacturers to generic (or biosimilar) manufacturers, specifically “quantity restrictions,” has become “increasingly prevalent” in pharmaceutical patent settlement agreements filed with FTC under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. As the FTC noted, “quantity restrictions” may reduce the settling firm’s incentives to compete, resulting in supracompetitive prices for the brand and generic drug. This article summarizes trends in pharmaceutical patent settlement agreements and reverse-payment antitrust litigation since the Supreme Court’s landmark decision in FTC v. Actavis. Focusing …

Annual Report Of The Officers And Committees Of The Town Of Brookline, New Hampshire For Year Ending December 31, 2025, With Reports Of The School Districts For Year Ending June 30, 2025, Brookline Town Representatives

Brookline, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Of The Town Of Carroll Year Ending December 31, 2025, Carroll Town Representatives

Carroll, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

York District And York County Court Records Microfilm Collection - Accession 909, York County Court Of Common Pleas, York District Court Of Equity

Manuscript Collection

This collection consists of 22 reels of microfilm reproducing historical court records for York District and York County held by the South Carolina Department of Archives and History. The records date from 1786 to 1889 and document the operations of the Court of Common Pleas, Court of General Sessions, Court of Equity, County Court, and Intermediate Court. Materials include pleadings and judgments books, abstracts of judgments, court journals, commissioner’s reports, references books, original evidence books, and an extensive series of bills of complaint.

The bulk of the collection consists of York District Court of Equity bills of complaint spanning 1818–1872, …

Floribunda Garden Club Records, Garden Club, Floribunda

Manuscript Collection

This collection consists of the records of the Floribunda Garden Club of Rock Hill, South Carolina, documenting the club’s activities, organization, and community involvement from its founding in 1955 through approximately 2015. The club was founded with the objective of promoting “the love of flowers, beautification of our gardens and the home of each member.” The collection includes meeting minutes, yearbooks, correspondence, event flyers, newspaper clippings, constitutions and bylaws, and four scrapbooks.

The scrapbooks and yearbooks document club officers and members, meetings, gardening activities, community projects, awards and recognitions, and other club events. The collection also includes materials relating to …

"Art, Esthetics, Ideal": An Ethics For Literary Translators In The Age Of Translating Machines, Gabriel González Núñez

Writing and Language Studies Faculty Publications

The advent of effective machine translation has raised several issues for translators, including the question of how a human translator ought to translate in this age of translating machines. In this context of new ethical questions, the present essay argues that an answer may be found in Pedro Figari’s (1912) philosophical essay on esthetics. Following Figari, the current essay argues that literary translation is art, that as such it can produce an esthetic emotion on readers and that the purpose of such art and esthetics is an ideal in the form of the continuous betterment of the human condition.

Reconstituting A Constitution, And A Republic: The Architecture Of Authoritarian Rule, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

A constitution can be remade without tearing it down, or even changing a single word. It is done by law. It is being done now—by the Supreme Court.

In each case, real people win, real people lose, real people suffer. Outcomes matter. But across the span of cases, the Court is tearing down our constitutional order of divided power—taking authority from the courts below, from Congress, the agencies, the states, and us, the people—and building a structure of unchecked power in itself. Procedure and remedies are constitutive of the judicial power. In a time of authoritarian threat, they are the …

The Civil Justice Business, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

Our civil justice system rests on foundational commitments: to make rights real for those the law protects, whatever their station; to hold wrongdoers accountable, whatever their power; and to deter misconduct in a system that depends heavily on private enforcement. We put great faith in these values.

Civil justice, for all its lofty goals, is also a business. Attorneys and liability insurers have long held economic stakes in litigation, bounded by their own professional and regulatory norms. Now, a new litigation finance industry has arisen: outside investors supply equity capital—divorced from legal representation and liability management—and take returns directly from …

Possible Reconsideration To The Library Of Congress Classification System’S Liberal Placements Of African American Psychology And African American Social Science, Eddie Hughes

Southern University and A&M College: John B. Cade Library Publications

The Library of Congress Classification (LCC), developed by Herbert Putnam in 1897, remains the predominant system for organizing materials in U.S. academic libraries. By integrating innovations with earlier classification systems by Charles Cutter and Melvil Dewey, the LCC divides human knowledge into 21 classes, each represented by alphabetic codes. While Psychology is classified under BF and social sciences under HQ, materials on African American Psychology and African American Social Science are primarily cataloged under Class E—History of America—specifically E185.625 and E185.86. This placement raises critical questions about the appropriateness of categorizing these subjects as historical rather than disciplinary. Given African …

Standard Textualism, James A. Macleod

Articles

For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously envisioned, the rule of modern textualism produces a law of standards—much more so than anybody, proponent of textualism or critic, appears to have recognized.

Two aspects of today’s textualism produce this result. The first is its emphasis on ordinary language and communication. Modern textualism typically produces standards because ordinary language and communication are typically standard-like. The second is modern textualism’s drive …

Improving Operating Room First-Case On-Time Starts And Reducing Turnover Times: A Quality Improvement Project, Ashley Cote

Master's Theses and Capstones

Abstract

Background: Delays in first case on-time starts (FCOTS) contribute to decreased operating room (OR) efficiency, increased healthcare costs, workflow disruptions, and reduced staff and patient satisfaction. Evidence suggests that standardized workflows, improved communication, and Lean Six Sigma methodologies can improve perioperative efficiency and reduce delays.

Local Problem: Baseline data from a local OR microsystem demonstrated an FCOTS rate of 77%, below the organizational benchmark of 80%. Root cause analysis identified inconsistent preoperative workflows, communication gaps, and variable staff adherence to standardized processes as primary contributors to delayed first-case starts.

Methods: A quality improvement project utilizing the Define, Measure, Analyze, …

Property Rights V. Taxpayer Rights: The Battle Over Tax Foreclosures, Stewart E. Sterk

Articles

No abstract provided.

Framing Migration And Legitimizing Power: A Critical Discourse Analysis Of Suella Braverman’S Illegal Migration Bill, Darren Pullen, Andy Brown, Gui Ying Annie Yang-Heim

Faculty Publications - College of Education

Language plays a crucial role in shaping public perceptions, reinforcing ideological dominance, and legitimizing government policies. The purpose of this paper is to analyze how linguistic and rhetorical strategies are used as a means to legitimize government authority and construct migrant identities.  This is achieved through an examination of the rhetorical strategies employed by the former UK Home Secretary, Suella Braverman in her speech on the Illegal Migration Bill. Using Critical Discourse Analysis (CDA) and the Sociolinguistic concepts of ideological positioning and social actor representation, this research investigates word choice, lexical framing, and ideological positioning to reinforce dominant migration narratives. …

A Theory Of Major Questions, Nicholas Almendares

Cardozo Law Review

The major questions doctrine has been fiercely criticized as an example of the Supreme Court’s “imperial” turn where it concentrates ever more power in its own hands. The doctrine is sweeping, vague, and lacks a clear justification. Not only does the Court get to decide when the doctrine applies and when the heightened standard is satisfied, but it has also not offered good reasons behind this rule. A well-defined theory would give the doctrine structure, clarity, and consistency. While majority opinions have been conspicuously quiet on the theory behind the major questions doctrine, concurrences, namely by Justice Gorsuch, have argued …

When The Internet Attacks, Craig Cowie

Cardozo Law Review

Courts have struggled with applying personal jurisdiction in cases involving intentional torts where the defendants act outside the forum, and the problem is particularly apparent and acute when the defendants use the internet to commit the tort. For example, is there jurisdiction when a defendant doxxes someone and calls for violence? What if they leave a bad Yelp review? Or tweet a defamatory statement? Courts have used many tests for determining whether personal jurisdiction is appropriate in these situations, but there has been relatively little recent scholarship on whether these tests are appropriate for analyzing personal jurisdiction in these contexts. …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Cardozo Law Review

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Much Ado About Misjoinder: An Alternative To Fraudulent Misjoinder To Preserve Defendants’ Right To Removal In Pharmaceutical And Medical Device Products Liability Cases, Alexander Flaum

Cardozo Law Review

Unresolved questions surrounding the contours of the fraudulent misjoinder doctrine have understandably led to reluctance by courts to adopt it, despite its utility in protecting defendants’ access to federal court. This is particularly troubling in the context of pharmaceutical and medical device products liability cases. It is common in these actions for plaintiffs, whose only connection is having consumed a particular pharmaceutical product at different points in time and for different durations, to strategically join in one action to defeat complete diversity and prevent removal to federal court. However, federal courts are not powerless to prevent such procedural gamesmanship. By …

Quantum Ai And The Future Of Corporate Law, Michael R. Siebecker

Cardozo Law Review

As quantum computing and AI surge toward mainstream adoption, how corporate directors satisfy their duties of care and oversight requires some fiduciary recalibration. The current fiduciary framework that allows directors to escape liability absent “gross negligence” or “utter failure” in oversight may no longer be defensible in a world where advanced analytics offer unprecedented capacity to model, monitor, and foresee significant corporate risks. Behavioral economics makes clear that humans (including corporate managers) remain vulnerable to a variety of biases and heuristics shortcuts in decision making. Technological evolution provides the means to correct such cognitive distortions if boards take an active …

Rivers Of Sovereignty: The Epa’S New Water Quality Standards Rule As A Potential Channel For Revitalizing Tribal Reserved Water Rights, Mostyn Josty

Cardozo Law Review

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a …

Ordo Ab Chao: Crystallographic Disorder As A Window Into Ionic Liquid Structure, Joseph Cooper, Marija Scheuren, Lara I. Teodoro, Christopher M. Butch, Raychell A. Jerdo, Kylie M. Allen, Mariana E. Toner, Matthias Zeller, Arsalan Mirjafari, Patrick C. Hillesheim

Faculty Publications – Chemistry

Despite being intended to resist crystallization, ionic liquids (ILs) quite frequently form solids, albeit with low melting points. The design motifs that lower melting points can leave measurable signatures in the solid state, manifesting as crystallographic disorder, and often give rise to metastable liquid states. While sometimes treated as experimental complications, such features provide a valuable window into the structural origins of IL phase behavior. Herein, we report a crystallographic study of a series of benzylated ILs that crystallize either directly or from long-lived supercooled melts. Single-crystal X-ray diffraction, supported by computational modeling and statistical analyses, provides structural evidence that …

Front Matter

SMU Law Review

No abstract provided.

Preface, Abigail Parnell

SMU Law Review

No abstract provided.

Second Looks For Sentencing Equality, Joshua D. Weiss

SMU Law Review

This Article challenges a persistent assumption about the relationship between so-called “second look” laws and sentencing disparities. Courts, the United States Sentencing Commission, and scholars tend to assume that increasing judicial discretion to reduce previously imposed sentences on an individualized basis results in increased sentencing disparities. But this assumption is based on a limited focus on disparities caused by judges and fails to account for disparities caused by other institutional actors, especially prosecutors.

This Article examines the relationship between disparities and second-look laws by focusing on one such law: the federal reduction in sentence (RIS) statute, commonly referred to as …

Embryonic Option-Hood, Elissa Philip Gentry, Mackenzi Barrett, W. Kip Viscusi

SMU Law Review

A frozen embryo represents not merely a potential human life but a deferred decision to trigger this potential. Parties value this opportunity for deferral because it allows them to retain the option to attempt conception after any uncertainty about future events or desires has resolved. Failing to recognize this “option value” of embryos has resulted in confusion over the best approach to allocating ownership of embryos and calculating damages for reproductive harms. This Article provides a novel paradigm showing that embryos should be treated as neither persons nor mere property; instead, a significant portion of their value is in their …

Front Matter

SMU Law Review

No abstract provided.

A Mentor's Gift: In Tribute To Professor Thomas William Mayo, Erin Nealy Cox

SMU Law Review

No abstract provided.

Trademark Confusion After The Algorithmic Turn, Daryl Lim

SMU Law Review

Trademark confusion doctrine rests on an implicit theory of consumer perception. Courts infer confusion through proxies such as similarity, market proximity, intent, and evidence of actual confusion, presuming that consumers encounter trademarks in stable, human-designed environments. That premise no longer holds uniformly across contemporary markets. Today, consumers increasingly encounter trademarks through algorithmic systems that rank, cluster, recommend, and generate content on their behalf.

This Article argues that trademark law’s likelihood of confusion doctrine has not yet reckoned with this transformation. In algorithmically mediated markets, confusion often arises without copying, deception, or misleading conduct by traders. Instead, it often arises from …

Predictive Protest Policing, Christian Powell Sundquist

SMU Law Review

The policing of dissent in America is undergoing a radical transformation that threatens the fundamental right to protest. Demonstrations are no longer merely surveilled; they are algorithmically suppressed. Law enforcement agencies increasingly deploy algorithmic social media surveillance to predict protest violence, forecasting potential “riots” and justifying militarized responses before a single demonstrator takes to the street. This Article identifies and challenges what it terms “predictive protest policing,” arguing that these systems do not objectively detect threats but actively construct them, disproportionately targeting racial justice demonstrations. Drawing on evidence from the federal response to immigration protests in Minneapolis, the preemptive policing …