Digital Commons Network^™

Historical Practice At The Founding, Ryan Snyder

Faculty Publications

In recent years, the Supreme Court has increasingly relied on historical practice—actions other than judicial decisions that implement the law after its adoption. That creates tension with the Court’s professed adherence to originalism—the view that a law’s meaning is fixed at the time of its adoption. To resolve this tension, the Court and many scholars have embraced theories such as “liquidation,” which argue that the Founders themselves used practice to update or change the law’s meaning over time. But until now, no one has systematically examined whether the Founders accepted those theories.

This Article provides the first comprehensive analysis of …

Moore Questions, Some Answers: Fixing The Personal Tax System Despite Constitutional Constraints, David Gamage, John R. Brooks, Edward J. Mccaffery

Faculty Publications

Moore v United States was expected to rule on the constitutional necessity of the tax-law realization requirement originating from Eisner v Macomber, a potential impediment to progressive tax reform efforts aimed at shutting down the planning techniques of Buy Borrow Die. The various opinions in Moore, however, provided no definitive answer to this core question, instead leaving many more questions. Amid the lingering uncertainty, we argue that various responses to the problem of wealthy Americans’ not needing to pay any taxes remain possible after Moore. An incremental, “mix-and-match” approach to progressive tax reform may best suit the …

Church Autonomy, Textualism, And Originalism: Scotus's Use Of History To Give Definition To Church Autonomy Doctrine, Carl H. Esbeck

Faculty Publications

Church autonomy is a First Amendment doctrine altogether distinct from the more familiar causes of action brought under the Establishment Clause and the Free Exercise Clause. The principle of church autonomy was first recognized by the Supreme Court of the United States in the post-Civil War case Watson v. Jones, holding that civil courts must not be drawn into resolving religious questions or settling disputes over church polity. And early this century, in the unanimous decision Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the theory of church autonomy took on its most fully developed form as a constitutional immunity …

Annual Report 2025, University Libraries

Annual Reports & Newsletters

No abstract provided.

Resolving American Semiconductor Challenges Through Making The Itc A Preferred Forum, Emma Donnelly

The University of Chicago Business Law Review

This Comment demonstrates the need in United States’ semiconductor policy for the United States to establish itself as a preferred IP litigation forum. The paper notes three obstacles to be solved in current semiconductor IP policy: IP Theft, Semiconductor Counterfeiting, and Balanced Licensing. The paper next argues why the International Trade Commission (ITC) is an ideal United States forum for these concerns and addresses general benefits and shortcomings of ITC litigation. Lastly, this paper evaluates potential policy changes to ITC procedure and application to entrench the ITC as the premier legal forum for semiconductor policy. The paper argues that changes …

A Commitment Rule For Insolvency Forum, Anthony J. Casey, Aurelio Gurrea-Martínez, Robert K. Rasmussen

The University of Chicago Business Law Review

In this Article, we propose a new rule for determining the proper forum for insolvency proceedings. Currently, the Model Law on Cross-Border Insolvency (Model Law)—promulgated by the United Nations Commission on International Trade Law (UNCITRAL)—looks to a debtor’s center of main interest (COMI) to determine the proper forum for a foreign main insolvency proceeding. This rule is flawed. It is both inflexible and manipulable. It is also indeterminate and neither requires nor allows advance commitment by debtors. As a result, it leads to uncertainty, increases litigation costs, and opens the door to opportunistic manipulation by debtors. These costs, in turn, …

Horizons Of Risk: Climate Stress And The Federal Reserve, David A. Wishnick

The University of Chicago Business Law Review

Contemporary financial supervision depends on knowledge about risk. Threats to bank soundness and financial stability abound, but they present themselves in amorphous ways. How should supervisors assess their significance? This Article examines a process being employed by the Federal Reserve (Fed) to assess threats posed by climate change. The process, climate scenario analysis (CSA), models the impact of hypothetical climate-related events on financial market participants. Descriptively, the Article argues that the Fed’s approach to CSA hews closely to the most prominent supervisory innovation to emerge from the Global Financial Crisis: stress testing. With its CSA experiments, the Fed is adapting …

Event Contracts Are A Step Too Far For Derivatives Regulation, Ilya Beylin

The University of Chicago Business Law Review

This Article develops two branches of history towards understanding derivatives markets and their regulation. First, using a comprehensive database of derivatives products that the Commodity Futures Trading Commission (CFTC) has authorized, this Article traces stages in the development of derivatives products. The empirical study examines key evolutionary steps from the birth of agricultural futures in the second half of the 1800s to where traders now bet on how long Taylor Swift’s most recent album dominates the Billboard 200, whether the President will pardon specific individuals, or how many times Bill Ackman (a notable hedge fund manager) accuses MIT professors of …

Regulating Cryptocurrency Non-Custodial Service Providers Through The Bank Secrecy Act, Kai Wang

The University of Chicago Business Law Review

Bad actors launder dirty money through cryptocurrency non-custodial service providers, including cryptocurrency unhosted wallets, non-custodial mixers, and decentralized exchanges (DEXs). Unlike banks and other traditional financial intermediaries, these providers do not take custody of payment assets. Therefore, the Bank Secrecy Act (BSA) cannot require them to comply with its substantive obligations, such as monitoring and reporting of suspicious payment activities associated with money laundering. As a result, law enforcement agencies are unable to obtain useful reports and records to effectively investigate money laundering and prosecute bad actors.

To address this issue, this Article analyzes how cryptocurrency non-custodial service providers, despite …

Finance For The Common Good, Adriana Z. Robertson

The University of Chicago Business Law Review

The Capital Market doesn’t get much love these days. It is viewed with suspicion in many quarters, and graduates who take jobs related to finance are described as “selling out.” Rather than defending them on their own terms, many seem to think that they are valuable as a means to achieve other—largely unrelated—social goals. This Article, adapted from a pair of lectures in the first quarter of 2024, pushes back against these perceptions. It explains the vital role that the capital market plays in our society and cautions against grafting on secondary objectives. Rather, efforts to regulate the capital market …

The Cost Of Qui Tam: Assessing The Constitutional Challenges To The False Claims Act, Jonathan Coleman

The University of Chicago Business Law Review

The federal government’s most powerful tool for combating fraud is the False Claims Act (FCA). The statute targets individuals and entities that submit fraudulent claims for government funds, particularly in healthcare—where it addresses Medicare and Medicaid fraud—and in government contracting, including defense industry overpayments. FCA violators must repay up to three times the government’s losses, along with additional penalties. A key feature of the FCA is its qui tam provision, which allows private citizens, known as relators, to sue violators on behalf of the United States. The statute incentivizes whistleblowing by granting relators 15% to 30% of any successful recovery. …

Corporate Law Competition In The Eu Revisited: Italian Corporations Moving North And The Missing German Spacs, Ben W. Fuhrman

The University of Chicago Business Law Review

This Article analyzes recent developments in European corporate law to argue that a Corporate Law Competition is emerging in the EU. For nearly half a century, scholars in the U.S. have engaged in a debate about a Corporate Law Competition between U.S. states and its various implications. In the late 1990s and the early 2000s, the European Court of Justice rendered a series of liberalizing decisions that broke with the long-standing prohibition on corporate mobility in the EU. Despite these judgements, scholars generally assert that there is no Corporate Law Competition among EU member states. This Article challenges such consensus …

The Political Carbon Cycle, Dhruv Chand Aggarwal

The University of Chicago Business Law Review

Democrats and Republicans strongly disagree about climate policy. This Article explains how these political disagreements can affect greenhouse gas emissions of private-sector corporations. Combining a hand-collected dataset tracking the careers of U.S. state governors over two decades and a proprietary emissions database, I find that companies release more greenhouse gas emissions when their headquarter state has a Republican governor. To establish a causal connection between gubernatorial partisanship and corporate emissions, I analyze the effect of close elections. After a Republican replaces a Democratic governor in a closely contested election, which cannot be easily predicted in advance, companies headquartered in that …

Generative Ai Meets Section 230: The Future Of Liability And Its Implications For Startup Innovation, Megan E. Cistulli

The University of Chicago Business Law Review

The rapid advancement of generative artificial intelligence (AI) is testing the limits of Section 230 of the Communications Decency Act, a statute that has long shielded online platforms from liability for user-generated content. This liability shield helped shape the modern internet, but AI’s ability to create its own content blurs the traditional distinction between platforms acting as passive hosts and those functioning as active publishers. As a result, courts and lawmakers are reexamining the scope and future of Section 230. This Comment examines how proposed reforms to Section 230 could impact startups and emerging tech companies that use generative AI …

Annual Report, 2024-2025, University Of Arkansas, Fayetteville. School Of Continuing Education And Academic Outreach

School of Continuing Education and Academic Outreach - Global Campus Annual Report

No abstract provided.

A Large Electroencephalogram Database Of Freewill Reaching And Grasping Tasks For Brain Machine Interfaces, Bhoj Raj Thapa, John Boggess, Jihye Bae

Electrical and Computer Engineering Faculty Publications

Brain machine interfaces (BMIs) offer great potential to improve the quality of life for individuals with neurological disorders or severe motor impairments. Among various neural recording modalities, electroencephalogram (EEG) is particularly favorable for BMIs due to its noninvasive nature, portability, and high temporal resolution. Existing EEG datasets for BMIs are often limited to experimental settings that fail to address subjects’ freewill in decision making. We present a large EEG dataset, containing a total of 6808 trials, recorded from 23 healthy young adults (eight females and 15 males with an age range from 18 to 24 years) while performing reaching and …

The Martyrdom Of Nadezhda Kurchenko: Soviet Hero Cults And The Spiritual Turn In Late Socialism, Steven E. Harris

History and American Studies Articles

This article argues that the spiritual turn in Soviet atheism under Brezhnev provided a meaningful solution to the problems of producing heroes when self-sacrificing martyrs were losing their appeal. To support this claim, I examine the story of Nadezhda Kurchenko, a nineteen-year-old flight attendant killed by two hijackers on an Aeroflot plane in October 1970. This article traces the heroic and spiritual dynamics of Kurchenko’s martyrdom through her funeral, hagiographies, iconic photograph, and sacred spaces. The spiritual turn enabled the authors of her story to free it from the shadows of wartime youth martyrs and ground it in the conservative …

Spontaneous Pneumothorax In Adolescents: Is Video-Assisted Thoracoscopy Mandatory?, Soufiane Essamoud, Mohamed Lahlou, Anne Olland, Francois Lefebvre, Anne Lehn, Isabelle Chevalier, Raphael Moog, Pierre-Emmanuelle Falcoz, Isabelle Talon, Hicham Zerhouni

Health Sciences

Background: Treatment of spontaneous pneumothorax involves conservative treatment or surgery. Our goal was to evaluate the need for surgical approach using Video- Assisted Thoracoscopic Surgery (VATS) for patients presenting spontaneous pneumothorax. Methods: Patients aged between 14 and 20 years old treated for spontaneous pneumothorax were included into an observational retrospective study. Patients were divided into two groups: Those with a success of conservative treatment at the initial presentation (Group A), and those where VATS was performed at initial presentation after failure of conservative treatment (Group B). Results: 134 patients were included with a median of 6.5 years follow-up. 102 (76,1%) …

Burnout At University: Cross-Sectional Study Among Dental Students, Manal Elhijazi, Hajar Nafia, Ihsane Benyahya

Health Sciences

Context: The university constitutes a demanding and competitive learning environment which can impact the well-being of students. The objective of this survey is to assess the burnout of students at the faculty of dentistry.

Materials and methods: A cross-sectional study was conducted via an anonymous questionnaire with 3 sections: socio-demographic data, lifestyle and habit, and burnout through the Maslach burnout inventory-student survey (MBI-SS) . Continuous variables were presented as means and standard deviations,categorical variables as numbers and percentages. The variables were tested in univariate analysis to assess predictive factors related to burnout using the Khi-2 test. The significance level was …

Undergraduate Nursing Students' Perceptions Of A Screen-Based Virtual Simulation And Self-Debriefing: A Qualitative Study., Fatima Zahra Mahou, Guillaume Decormeille, Asmae Khattabi

Health Sciences

The integration of virtual simulation and self-debriefing in nursing education offers promising approaches for enhancing students' competency in medication administration and dosage calculation. This study aims to explore undergraduate nursing students' perceptions and experiences with virtual simulation and self-debriefing, building on findings from a previously published RCT that demonstrated improved learning outcomes through these approaches. In the first phase (self-debriefing), 153 students answered five open-ended questions, followed by a focus group with six students in the second phase.The data were analyzed using qualitative content analysis by two independent coders to ensure consistency and credibility. The study highlights the benefits of …

The Pittsburg Micropolitan Area Economic Profile, 2025, Pittsburg State University

Pittsburg Micropolitan Reports

The Pittsburg Micropolitan Area Economic Profile is created by the Business and Economic Research Center (BERC) at Pittsburg State University.

Is Nuclear Security An International Norm? A Constructivist Account Of How Nuclear Security Shapes State Behavior, Doan Linh Anh

International Journal of Nuclear Security

Since 9/11, nuclear terrorism has been acknowledged to pose a serious threat to global security. In response to this threat, the United Nations Security Council, International Atomic Energy Agency, and nuclear-advanced states such as the US have worked together to develop a global nuclear security regime based on United Nations resolutions, legal conventions, and informal initiatives. However, this regime has been continuously criticized for lacking international standards or, more precisely, an independent nuclear security convention. Although this assertion no doubt holds in comparison with international agreements such as the Treaty on the Non-Proliferation of Nuclear Weapons, nuclear security has made …

The Media Framing Of India’S Nuclear Weapons Discourse, Sitakanta Mishra, Hely Desai

International Journal of Nuclear Security

The Indian media has had an immense role in framing public perceptions of nuclear weapons within the Indian subcontinent. Examining the largely nationalistic tone of news coverage helps analyze how the media has shaped India’s idea of its status as a nuclear weapon state. Examining the sociocultural discourse around the bomb, this paper analyzes the major influence that the Indian media has in information distribution and how that influence translates to the formation of the atomic attitudes of the masses. In situating the Indian media’s approach to nuclear weapons at large, this work studied the framing of domestic nuclear weapons …

Implementation Of International Nuclear Counterterrorism Legal Instruments: The Case For Nuclear Forensics, Jerry S. Davydov

International Journal of Nuclear Security

In the past three decades, the international community and national governments have made great strides in addressing the threat posed by non-state actors or terrorist groups acquiring and maliciously using nuclear or other radioactive material. Although many argue that accomplishments have adequately addressed nuclear security threats, major gaps still remain within the global nuclear security system. Predetonation nuclear forensic science, commonly referred to as nuclear forensics, like all forms of forensic science, supports the implementation of national laws and statutes and international legal instruments through investigative science. Nuclear forensics provides law enforcement and nuclear security investigators with a technical …

Effective Management Of Disused Sealed Radioactive Sources In Uganda, Susan Nalumansi

International Journal of Nuclear Security

Sealed radioactive sources are used in a wide range of applications in Uganda, such as medicine, agriculture, geology, industry, and other fields. After a given useful period, the sealed sources can no longer perform their intended purpose and are thus regarded as disused. However, depending on the activity of the source, the disused sources are highly active and can cause significant damage to human health and the environment when mismanaged. A regulatory body was established with the mandate to regulate peaceful applications of ionizing radiation in Uganda. Given the vulnerability of sealed sources at the end of their life cycle …

Book Review Of "Human Factor In Nuclear Security: Establishing And Optimizing Security Culture", Arjun Banerjee

International Journal of Nuclear Security

In today’s interconnected world, where the specter of nuclear proliferation casts a long shadow over global security, fortifying nuclear safeguards has become an imperative of paramount importance. At the heart of this endeavor lies the intricate interplay of human behavior within nuclear organizations—a dynamic landscape meticulously explored in Igor Khripunov’s seminal work, Human Factor in Nuclear Security: Establishing and Optimizing Security Culture. This comprehensive analysis delves into the multifaceted realm of nuclear security culture (NSC), shedding light on its evolution, application, and ongoing challenges. By elucidating the pivotal role of the human factor in shaping security outcomes, Khripunov offers …

Book Review Of "Nuclear Deterrence In South Asia: New Technologies And Challenges To Sustainable Peace", Salman Ali Bettani

International Journal of Nuclear Security

Nuclear deterrence has been the most intriguing subject in the field of strategic studies with the specific orientation of various security complexes across the globe. The South Asian strategic context offers a diverse ground for deterrence discourse owing to certain geopolitical and geostrategic realities. The main actors on the fulcrum are India and Pakistan, affecting the balance with their ever-growing strategic weapons programs. In six chapters by eminent scholars and academicians (Rizwana Abbasi and Zafar Khan), Nuclear Deterrence in South Asia: New Technologies and Challenges to Sustainable Peace comprehensively encompasses these developments from the perspective of new technologies and their …

Engaging Clinicians In Grateful Patient Fundraising, Adam Haselhuhn

Graduate Research Papers

The purpose of this research is to analyze grateful patient fundraising programs. Specifically, this paper will outline the barriers that exist in engaging clinicians in grateful patient fundraising. In addition, a discussion will outline the strategies to successfully engage clinicians in grateful patient fundraising. Furthermore, this paper will explore how training impacts clinicians' comfort level and ability to successfully participate in grateful patient fundraising.

Developing And Modifying High Quality Instructional Materials For Biology, Lee Christians

Graduate Research Papers

No abstract provided.

Ceos' Political Ideology, Social Capital And Corporate Tax Avoidance, Shih-Tien Hsieh, Jeon Bon Kim, Zhihong Wang

School of Business

Building on institutional theory, we explore the interaction between social capital and CEO political ideology on corporate tax avoidance. Using CEOs' political donations to identify their political ideology, we find that firms led by Republican CEOs tend to have lower (higher) effective tax rates when located in communities with lower (higher) social capital, indicating a higher (lower) propensity for tax avoidance, compared to firms led by non-Republican CEOs. Our findings support the U.S. Internal Revenue Service's (IRS) view that tax compliance behaviour is inherently a sociopolitical construct. Our results suggest that tax policymakers and other regulators should pay more attention …