Digital Commons Network^™

Hipaa Coverage Of Pre-Processed Neural Telemetry From Brain-Computer Interface Implants, Yurie Lee

Cornell Law Library Cantwell Prize for Exemplary Student Research Papers

Brain-computer interface implants allow patients with degenerative neurological conditions to control robotic limbs or electronic devices through neural commands alone and suppress Parkinson's tremors or seizures in real time. These implants record neural signals millisecond-by-millisecond from electrodes implanted in the brain.

Nevertheless, BCI manufacturers have argued that this data falls outside the scope of HIPAA's Privacy Rule. Existing legal scholarship also seems to have accepted this as true.

This paper challenges that conclusion. It rebuts and considers manufacturers’ counterarguments, concluding that patients have a right to their pre-processed neural telemetry under HIPAA's right-of-access provision.

Algorithmic Tax Ownership, Young Ran (Christine) Kim, Dmitry Erokhin

Articles

Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …

The Corporate Restructuring Machine: Introducing An Open Platform Approach To Workouts, Horst Eidenmüller, Jared Mayer

Articles

Out-of-court corporate reorganizations, or “corporate workouts,” allow dispersed investors with differing interests to coalesce and strike deals to successfully reorganize distressed companies. Corporate workouts, however, suffer from a host of well-known problems, creating “process fragility.” Current bargaining dynamics limit the instances in which corporate workouts can be used, narrow the kinds of deals that can be made, and invite opportunistic and other socially costly behavior. Yet the Artificial Intelligence (AI) revolution is here; how can it help parties navigate corporate workouts?

In this Article, we argue that AI is well situated to help increase the efficiency of corporate workouts. Based …

The Phoenix Flora: Plant Survival, Succession, And Putative Adaptation In The Post-Atomic Landscapes Of Hiroshima And Nagasaki, Gian Marco Ludo, Paola Amelia Tassi, Alba Iannotti, Colomba Russo, Fausto D'Agostino, Matilde Neble Segade, Timothy Mousseau, Andrea Malizia

Faculty Publications

The atomic bombings of Hiroshima and Nagasaki in 1945 created a unique environment of acute, high-dose ionizing radiation, contrasting sharply with the chronic low-dose rate exposure in the Chernobyl and Fukushima Exclusion Zones. This stands in stark contrast to the chronic, low-dose rate contamination that defines the Chernobyl and Fukushima Exclusion Zones. While the long-term ecological effects of the latter are well-documented, a systematic synthesis of the floral response to the atomic bombings is lacking. This review integrates historical data with modern radio-ecological principles to analyze plant survival and succession. We document the remarkable recovery of vegetation, from the resprouting …

Justice In Literary Examinations Of African American Incarceration And Death Row, Molly Kate Malone

ETDs from 2020-2029

In the United States justice system, the use of the death penalty has been the subject of major disputes. Some argue that the death penalty is a form of justice, while others believe it is the opposite of what justice should be. Those that disagree with the death penalty are more aligned with the concept of “true justice,” meaning that marginalized groups such as Black and/or poor people should be treated justly despite the systemic racism and classism present in the justice system. Because the death penalty disproportionately affects these marginalized groups, it is impossible for true justice to be …

Michael K. Young, Michael K. Young

Faculty CVs

No abstract provided.

Volume 41, Issue 1, Full Issue, Journal Of Rural Social Sciences

Journal of Rural Social Sciences

No abstract provided.

June 2026 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Legends, Lies, & Rewritten Lives: After The Little Bighorn: Forgotten Struggles Of Those Who Walked Away, 2nd Edition, Thomas B. Davidson

DU Textbooks

This Story surrounds an event that occurred one summer on June 25, 1876, along the banks of the Little Bighorn River in what is now the state of Montana. Seen from a 21st century perch, it is a story of a collision between two very different civilizations or empires. Both empire’s military fought in the manner of their society. This narrative will attempt to balance the believable truth of what happened in that contest between the military representatives of both societies while also trying to tell an engaging story, without drifting into naked partisanship, purple prose, or sensationalism. The narrative …

Language Attitudes And Stereotypes Condition The Processing Of Contact-Induced Linguistic Variants, Sonia Barnes, Whitney Chappell

Spanish Languages and Literatures Research and Publications

This study examines the effect of language attitudes and stereotypes on vowel perceptions by two groups of listeners from Asturias, Spain that differ in their relationship with the languages present in their communities: Spanish, the national majority language, and Asturian, the regional minority language. The responses of 165 participants from the Nalón Valley (a mining area in the region) were compared with those of 156 listeners from Gijón (the largest urban area) as they categorized words containing synthesized productions of Spanish [o] and Asturian [u] in a task that combined binary forced-choice identification and visual priming. The results of a …

Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning

Journal of Law and Policy

Since 1892, federal legislation has provided for the waiver of court filing fees so indigent plaintiffs can access the courts. In 1996, the Prison Litigation Reform Act amended the law. Citing an explosion in the number of prisoner filings (and ignoring the commensurate explosion in the size of the prisoner population), Congress sought to disincentivize prisoners from filing federal actions by denying them an outright waiver and instead requiring them to pay filing fees in installments. It also added a “three strikes” rule. Under the latter provision, if a prisoner files three or more actions or appeals that are dismissed …

President Or King? What The United States Can Learn From Brazil’S Conviction Of Former President Jair Bolsonaro, Emma Al-Angurli Peltzer

Journal of Law and Policy

In the United States, January 6, 2021, became a defining moment. President Donald Trump’s conduct and the lack of consequences have been indelibly etched into the nation’s political memory. In Brazil, January 8, 2023, marked a similar political rupture, but one that sealed former President Jair Bolsonaro’s fate in a very different legal order. Through a comparison of the Unites States Supreme Court’s decision in Trump v. United States and Brazil’s criminal conviction of former President Bolsonaro, this Note demonstrates how two presidential democracies took sharply different paths when confronted with attacks on their constitutional order. Brazil’s 1988 Constitution, shaped …

The Once And Future Freedom Of The Church: Three Stories, Steven D. Smith

BYU Law Review

This Essay, prepared to be delivered as a lecture at Brigham Young University, discusses three historical stories as a vehicle for suggesting that the concept of “freedom of the church” (or libertas ecclesiae) has not only a colorful and momentous past but an important future as well. Part I discusses how the Supreme Court’s decision in Hosanna Tabor v. Evangelical Lutheran Church helped to revive the venerable theme of freedom of the church. Part II considers the relation between freedom of the church and political authority during the centuries between the collapse of the Western Roman Empire and modernity. Part …

Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh

BYU Law Review

This Article provides an empirically based portrait of a population that is typically hidden from the public eye and has received scant attention in legal scholarship: Christian lawyers who engage in public interest work that falls outside the political right. Throughout the legal profession, lawyers who treat their Christian faith as a component of their professional identity and who actively endorse a politically conservative worldview are visible and active. With such lawyers’ increased prominence, growing political polarization, and reports of shifting levels of religiosity in the United States, the prospect of Christianity being perceived as synonymous with political conservatism seems …

The Spirit Of Jubilee, Christopher D. Hampson

BYU Law Review

The Jubilee texts of the Hebrew Bible call for debts to be forgiven and enslaved persons freed every seven years and for farmland to be restored to families every fifty years. Tightly woven into the legal, narrative, and prophetic vision of the text, the Jubilee tradition offers an inspiring and dramatic vision of socioeconomic justice for multiple religious traditions. Yet the American legal tradition, which purports to draw on its religious heritage for inspiration and moral authority, has not fully drawn on the Jubilee tradition for a contemporary vision of equality and justice. This Essay seeks to rekindle that conversation. …

Slavery And The Myth Of Religious Liberty, Audra Lyn Savage

BYU Law Review

This is a story about two ships. One is semi-mythical. The other is half-forgotten but brutally real. The first ship is the story of early settlers who sailed from Europe to escape religious persecution and—through hard work, perseverance, and righteous rebellion—built a nation upon the fundamental freedom of religious liberty for all. The second ship represents the painful history of America, with its millions of Africans stolen from their homeland, placed in unimaginable conditions, and stripped of their language, heritage, and most significantly, their beliefs. Current religious liberty jurisprudence centers around the historical understanding of the creation and ratification of …

Book Review: Beyond Black Hawk Down: Intervention, Nation-Building, And Insurgency In Somalia, 1992-1995, Christian Werner

Parameters Bookshelf – Online Book Reviews

Author: Jonathan Carroll

Reviewed by: Colonel Christian Werner, director of European studies, Department of National Security and Strategy, US Army War College

In this groundbreaking military history, Jonathan Carroll moves beyond the infamous Battle of Mogadishu to uncover the full scope of the US and UN intervention in Somalia. Drawing on newly available sources and the Somali perspective, Carroll reveals how a promising humanitarian mission unraveled into a cautionary tale of political missteps and failed nation-building. Beyond Black Hawk Down offers vital lessons for future interventions in fragile states, making it essential reading for policymakers, historians, and military strategists alike. …

Book Review: Lessons Learned And Unlearned: The Drivers Of Us Indirect-Fire Innovation, Michael E. Lynch

Parameters Bookshelf – Online Book Reviews

Author: Brennan S. Deveraux

Reviewed by: Dr. Michael E. Lynch

How does military innovation really happen—and what causes it to stall? In Lessons Learned and Unlearned, Brennan S. Deveraux traces the evolution of U.S. indirect-fire systems, revealing how institutional memory, battlefield experience, and strategic priorities shape technological progress. This sharp analysis offers vital insights for defense planners, historians, and anyone interested in the mechanics of military adaptation.

Review Essay: World War Ii Generals, John A. Bonin

Parameters Bookshelf – Online Book Reviews

Books Reviewed:

1. Tubby: Raymond O. Barton and the United States Army, 1889–1963 by Stephen A. Bourque

2. Patton’s Tactician: The War Diary of Lieutenant General Geoffrey Keyes edited by James W. Holsinger Jr.

Reviewed by: Dr. John A. Bonin, distinguished fellow, US Army War College

Two revealing studies shed light on overlooked World War II commanders whose leadership shaped key moments from Normandy to the early Cold War. These dual studies uncover the complexities of senior Army leadership—showing how personal relationships, hard‑won experiences, and strategic insights shaped victory in Europe.

©2026 John A. Bonin

Book Review: Occupation: Russian Rule In South-Eastern Ukraine, Christopher J. Hickey

Parameters Bookshelf – Online Book Reviews

Author: David Lewis

Reviewed by: Colonel Christopher J. Hickey, PhD, associate professor, Department of Military Strategy, Planning, and Operations, US Army War College

In this timely and penetrating study, David Lewis examines the mechanisms and consequences of Russian governance in occupied southeastern Ukraine. Through on-the-ground analysis and geopolitical insight, the book reveals how local institutions, identity, and resistance are reshaped under foreign rule. It’s an essential read for understanding the evolving dynamics of power, control, and legitimacy in one of Europe’s most contested regions.

Design And Development Of Pcb-Fabricated Faraday Probes For Micropropulsion Diagnostics, Avery Adams

Masters Theses

An investigation into the feasibility of printed-circuit-board-fabricated (PCB) Faraday probes (FPs) for use in micro-electric spacecraft propulsion (EP) diagnostics was performed at the Aerospace Laboratory for Plasma Experiments (ALPE), at Western Michigan University (WMU). This investigation included the design, fabrication, calibration, and characterization of a prototype probe-board for the purpose of exploring the physical constraints for this design concept. Analytical calculations and modeling in COMSOL Multiphysics were used to quantify the error sources in incident ion current flux measurements. Decoupled electrostatic and charged-particle tracing models were used to evaluate the error impact of charge buildup on dielectric surfaces and the …

Dementia, Advance Directives, And Second-Order Volitions, Rand Hirmiz

Research Collection School of Social Sciences

This paper contributes to the ongoing debate over the authority of advance directives in cases where patients with dementia express desires that conflict with their earlier wishes. Drawing on Harry Frankfurt’s concept of second-order volitions, I argue that the preferences of the pre-dementia self (the “then-self”) should, in most cases, take precedence over those of the post-dementia self (the “now-self”) –  particularly in instances where the now-self has lost the capacity to form second-order volitions and is no longer able to meaningfully repudiate prior values and commitments.

On The Right To Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most underappreciated form of privacy: the practical obscurity that allows us to live freely and with dignity. Obscurity, which is the state of protection that arises when personal information is difficult for some people to obtain or correctly interpret, serves several vital interests: (1) it safeguards our ability to express ourselves without fear that everything we …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam Steinman

Faculty Scholarship

A crucial function of judicial review is not only “to say what the law is,”¹ but also to provide the remedies to vindicate that law.²  Judicial review plays an especially important role when government officials act in ways that violate federal law, including when they violate the Constitution.³  When government officials violate the law, the judicial review function supports a remedy that requires officials to comply with federal law by ceasing to pursue the illegal policy or practice.

Such “compliance” injunctions have been given the label “universal” or “nationwide” injunctions insofar as they go beyond giving “complete …

The Administrative Law Of Mccarthyism, Nicholas Handler

Faculty Scholarship

This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative role in the development of modern civil service protections and administrative law. During the McCarthy era, the United States Civil Service Commission (CSC), under pressure from Congress, implemented a sweeping loyalty program aimed at rooting out purportedly disloyal federal employees. Though often remembered as a moment of political overreach and civil liberties violations, this Article shows that the loyalty program simultaneously catalyzed a surprising expansion in procedural rights for government workers—both through internal reforms initiated by the CSC …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam N. Steinman

Faculty Scholarship

In this Essay, we begin with a brief summary of the CASA decision’s holding regarding the availability of “universal” injunctions. Part II discusses the relationship between remedies and judicial review and the important role that such injunctions play in that regard. Part III explores how class actions could serve as an alternative path for federal courts, after engaging in judicial review, to make their decisions meaningful by requiring officials to comply with the law and to cease illegal actions or policies. We also respond to several objections to the use of class actions in this context. The final Part addresses …

The Supreme Court Under Threat: Early Lessons In Judicial Self-Protection, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance of its decisions and political retaliation, has developed tools of judicial self-protection to preserve its institutional authority and thus its capacity to sustain the Constitution and the rule of law. Arguing that the Court performs not only a legal role that requires interpretation of the law but also a political one that demands institutional preservation, the Essay examines how the Court has historically navigated political threats by using a range of tools—including avoidance, delay, narrow rulings, strategic dicta, and rhetorical appeals. The Essay focuses on three nineteenth-century …

Communicative Administration: The Administrative State Beyond Legal Administration, Daniel E. Walters

Faculty Scholarship

On many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the Trump Administration has stormed the bureaucracy in an unprecedented blitz designed to kneecap agency capacity and independence. For better or worse, many agencies and their civil servants are being sidelined as meaningful actors in the administration of government. Yet this familiar account doesn’t tell the entire story. At the same time that agencies are being stripped of the power to implement law—what this Article calls “legal administration”— they are steadily accumulating extensive and largely …

Making The Party Presentation Principle Safe For Originalism, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations of the principle have been inconsistent and imprecise, the gist is the familiar notion that courts should resolve cases on the basis of the issues and reasons presented by the parties to the dispute. Conversely, questions not properly raised by the parties should be avoided by the Court. Thus, the Court has on several occasions declined to address arguments outside the scope of the questions raised by the parties in their petition for certiorari.

For originalists, the importance of …

The River That Powers Us: A Tribute To Dean Emeritus Kevin R. Johnson, His Steadfast Commitment To Diversity And Excellence, And His Legacy Of Impact, Angela Onwuachi-Willig

Faculty Scholarship

This Essay pays tributes to Dean Emeritus Kevin R. Johnson’s extraordinary contributions to the growth and successes of full-time Latinx faculty and other faculty of color within the legal academy. To do so, it utilizes the recent, inaugural study of faculty by the Association of American Law Schools (AALS) to situate the legal academy’s progress with the diversification of its faculty within a longer trajectory and then illustrates how such gains over the past three decades are the product of intentional, sustained intervention rather than organic institutional and societal evolution. The Essay begins by tracing the lineage of this progress …