Digital Commons Network^™

The Supreme Court Should Overrule Red Lion, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay Professor Pierce uses the Jimmy Kimbell incident as the point of entry for his argument that the Supreme Court’s 1969 opinion in Red Lion v. FCC is inconsistent with today’s reality and dangerous. He urges the Court to overrule it.

The Civil Jury Trial Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the Civil Jury Trial Clause—also known as the Preservation Clause—of the Seventh Amendment to the U.S. Constitution. I provide background on English civil jury practice in common-law courts in the late eighteenth century and distinguish it from equity practice in the Court of Chancery. The essay describes Blackstone’s praise for the civil jury as well as the role the civil jury played in the events leading up to the American Revolution. The question of a federal constitutional right to civil jury trial provoked heated disputes in the Philadelphia Convention and the ratification debates. The ratification debates featured …

The Re-Examination Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the origins, history, and current interpretation of the Re-examination Clause of the Seventh Amendment to the U.S. Constitution. As Justice Joseph Story declared, the Re-examination Clause is separate from the right to civil jury trial in the Amendment’s Preservation Clause. The Re-examination Clause states that no fact tried by a jury shall be “re-examined” in federal court except by the rules of “the common law.” This provision had no counterpart in the state constitutions. The essay explains the methods of review of jury verdicts in English common-law courts in the late eighteenth century, focusing on the remedy …

One Union Soldier's Service With The 141st Regiment Of Pennsylvania Volunteers And That Regiment's Remarkable Record Of Heroism And Sacrifice During The Civil War, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Christopher C. Wilmarth (my great-great-uncle) served with the 141st Regiment of Pennsylvania Volunteers from August 1862 until June 1863. On May 3, 1863, Christopher was wounded in his leg during the third day of the Battle of Chancellorsville. He was left on the battlefield when the Union army retreated, and he was captured by the Confederates. He remained a Confederate prisoner for at least ten days, and he suffered from exposure to the elements and a lack of adequate medical care until he was returned to the Union army. After multiple amputations, Christopher died in a Union army hospital on …

Money, Money, Money: Universities, Government Funding, And Academic Freedom, Mary-Rose Papandrea

GW Law Faculty Publications & Other Works

Since the federal government began its large-scale funding of research at the start of World War II, the United States and American universities have been in a mutually beneficial relationship. The federal government has reaped the benefits of countless scientific, social science, and technological discoveries that have promoted national security and served the general welfare. In return, American universities have developed extraordinary research enterprises that are regarded as among the best in the world.

From the outset of this relationship, however, scientists and university administrators expressed concern that federal funding would interfere with institutional autonomy and academic freedom. President Trump’s …

Counter-Claims At The International Court Of Justice (2025), Sean Murphy

GW Law Faculty Publications & Other Works

This essay updates and analyzes the practice of counter-claims before the International Court of Justice (ICJ), as well as its predecessor, the Permanent Court of International Justice (PCIJ). In the Court’s jurisprudence, a “counter-claim” is an autonomous legal act by the respondent in a contentious case before the Court, the object of which is to submit a new claim to the Court, one that is linked to the principal claim. A counter-claim is not a defense on the merits to the principal claim; while it is a reaction to that claim, it is pursuing objectives other than simply dismissal of …

Sharing The Algorithm: The Tax Solution To Generative Ai, Jeremy Bearer-Friend, Sarah Polcz

GW Law Faculty Publications & Other Works

This article argues that tax policy offers a core tool for mitigating the sweeping public policy challenges of generative Artificial Intelligence ("AI"). Specifically, we propose a tax that would allow the public to own a share of AI itself, not just through future income tax liabilities or new excise taxes, but a proposed ownership structure that requires a one-time tax payment by generative AI firms in the form of equity.

Fractional public ownership of AI would directly address four of the key harms of AI that have been well-documented in a deep and still expanding literature. First, many types of …

Why Canada's Terrorism Exception Does Not Violate International Law, William S. Dodge

GW Law Faculty Publications & Other Works

On June 27, 2023, Iran sued Canada in the International Court of Justice (ICJ), alleging that the exception for state supporters of terrorism in Canada’s State Immunity Act violates customary international law. This article argues that Canada’s terrorism exception is consistent with customary international law. Although it is commonly assumed that state-supported terrorism is a sovereign activity and that a general and consistent practice of states accompanied byopinio juris>is required to create an exception to state immunity, in fact, neither assumption is correct.

Under the restrictive theory of immunity, foreign states are generally immune from suit based on …

Running Government Like A Small Business: Cut Waste, Crush Fraud, Hearing Before The United States Senate Committee On Small Business And Entrepreneurship, Jessica Tillipman

GW Law Faculty Publications & Other Works

This testimony analyzes the 2025 Small Business Administration "audit" of the 8(a) Program within the broader federal procurement integrity framework, emphasizing that oversight is delivered through multiple, overlapping institutions and tools rather than a single, fraud-enforcement process. It explains how independent Inspectors General, GAO, DOJ enforcement, bid protests and eligibility challenges, and disclosure and whistleblower mechanisms operate in parallel, each with distinct evidentiary thresholds, procedural protections, and remedies. It notes that oversight discourse frequently blurs critical distinctions among fraud, improper payments, ineligibility, documentation deficiencies, waste, abuse, and mismanagement. Those categories are not interchangeable: “fraud” is a legal conclusion that typically …

The Eu Versus The Platforms And The First Amendment: Regulating Online Hate Speech, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

What speech should be allowed on social media platforms—and what speech should be prohibited—is a pressing and timely question. Given the recent changes in major social media platforms’ moderation of harmful speech—with the tacit blessing of a 2024 Supreme Court decision and the Trump Administration—and the European Union’s increased regulation of hateful speech and platform content moderation, a clash of these titans is inevitable.

This Article will examine the underlying forces that brought about these conflicts—including First Amendment, CDA Section 230, international, and EU law governing free expression, hate speech, and platforms’ rights and duties regarding content moderation. It will …

Zoning Report: Colorado, Sara C. Bronin, Scott Markley, Matthew Harris, Diana Drogaris

GW Law Faculty Publications & Other Works

Colorado is rapidly growing and transforming. Since 2020, more than 180,000 new residents have decided to call the state home. While housing construction has kept pace with this influx, home types and geographic distribution have not met the changing needs of Colorado’s diverse households. Indeed, housing is being offered at a cost that many Coloradans cannot afford and located in places that are far from jobs and other opportunities. As a result, the state grapples with a housing affordability gap.

This report, a first-of-its-kind analysis of zoning conditions in Colorado, was developed by the authors, affiliates of the National Zoning …

Zoning Report: Cape Cod, Sara C. Bronin, Diana Drogaris, Matthew Harris

GW Law Faculty Publications & Other Works

Cape Cod is known for its natural beauty, recreational opportunities, and historical significance – attracting around 4 million visitors every year. People not only want to visit the Cape; they also want to live there. Since 2017, the region’s residential population increased by 9% to more than 232,000 year-round residents. Unfortunately, the number of available housing units has not kept up. The Cape faces not only a housing shortage, but also a housing affordability gap. Current residents recognize these issues. In a recent survey, 84% of Cape Cod residents called housing affordability a “moderate or serious problem,” and more than …

Whose Burden Is It Anyway? A Comprehensive Proposal To Reshape Food Safety Review By Treating Food As Medicine, Katya S. Cronin

GW Law Faculty Publications & Other Works

With more than sixty percent of U.S. adults struggling with at least one diet-related health condition, the relationship between nutrition and public health has never been clearer. Indeed, for the first time in over a century, food has a prominent place on the national political stage and is one of the exceedingly few issues that has garnered bipartisan support. The recent rise in popularity of "Food Is Medicine" initiatives, which seek to provide medically tailored or healthy meals to vulnerable populations, underscores the critical importance of food to public health. Yet, while "Food Is Medicine" is shifting the insurance, business, …

Frontiers At 50 Oral Histories: Feminist Community, Activism, And Scholarship, Elise Homan, Silvia P. Solis

School of Interdisciplinary Programs & Community Engagement Faculty Publications

As part of the fiftieth anniversary of Frontiers: A Journal of Women Studies, the editorial collective at the University of Utah produced an oral history project including interviews with fourteen previous editorial members of the journal. This essay explores the oral histories to highlight the journal's enduring contributions to feminist scholarship, community activism, and grassroots knowledge production. Since 1974, Frontiers has been dedicated to sustaining a collective editorial structure, bridging academic and community experiences, and supporting diversity within feminist publishing. Through tracing a narrative across the oral histories, this essay shares the evolving challenges and successes of sustaining these …

Redesigning Home Reversion Products To Empower Retirement For Singapore's Public Flat Owners, Koon Shing Kwong, Jing Rong Goh, Jordan Jie Xin Lee, Ting Lin Collin Chua

Research Collection School Of Economics

This paper introduces an innovative sell-type home reversion product aimed at monetizing Singapore’s public flats, serving as a new alternative to the existing Singapore Lease Buyback Scheme (LBS). This new product not only retains the LBS’s guaranteed period of residence in the property along with life annuity incomes but also enhances the product features to meet specific homeowner needs, including the ability to age in place, flexibility in retaining part of the property, options for bequests, and guaranteed principal return. By incorporating these additional features, the new product seeks to stimulate greater demand for monetizing public flats among asset-rich but …

Improving The Performance Of Multi-Stakeholder Partnerships For Sustainable Development In Coastal Areas : Sweden (Hanö Bay) As A Case Study, Jennie Larsson

World Maritime University Ph.D. Dissertations

Coastal areas are vital for both ecosystems and human societies. Comprising diverse terrestrial, freshwater, and marine ecosystems, coastal areas provide us with essential resources and services. However, these areas are under threat from human activities and climate change, necessitating new governance structures to ensure their sustainable management and conservation. This research investigates how to improve the performance of local multi-stakeholder partnerships (M-SPs) in coastal areas, promoted as key mechanisms for achieving sustainable development goals. By drawing on stakeholder theory and using Pattberg & Widerberg’s (2014) analytical framework with nine building blocks for successful M-SPs as a foundation, the study examined …

Administrative Law: Major Questions About Presidentialism, Jodi L. Short

The Judges' Book

No abstract provided.

Civil Procedure: Cy Pres In Federal Securities Class Actions, Scott Dodson

The Judges' Book

No abstract provided.

A Pocket Park In Kirkwood: Community, Connectivity, And Urban Transformation, Catalina Freixas

Books, Office for Socially Engaged Practice

The course Architecture For Non-Architects [AFNA] is supported by CityStudio STL, Sam Fox School of Design Visual Arts, Washington University in St. Louis.

AFNA is a foundational course that acquaints students with the principles and practices of architectural design. Beginning with a community-based project, the curriculum integrates lectures, readings, and research to guide participants through understanding and shaping the built environment. Field trips play a key role, encouraging active observation and engagement with both the physical site and invested stakeholders.

Cultivating observation is essential to perceiving our surroundings with intention, yet many people view the environment passively, shaped by habits …

Research And Graduate Studies Annual Report, Fiscal Year 2025, Office Of Research And Graduate Studies, Illinois State University

Research and Graduate Studies Annual Report

No abstract provided.

When Open-Source Information Backfires: Satellite Imagery And Privacy Breaches, Matin Pedram, Siena Chandler, Eugenia Georgiades

Vanderbilt Journal of Transnational Law

No abstract provided.

Milner Library Annual Report, 2025, Milner Library Illinois State University

Reports and White Papers - Milner Library

2025 annual report for Milner Library, Illinois State University.

The Motives For Mergers And Acquisitions And Their Implications For Research And Practice, Kris Irwin, Craig Armstrong, Paul Drnevich, Mario Schijven

Management Faculty Publications

Mergers and Acquisitions (M&A) have long intrigued scholars given their size, complexity, and frequent failure. Despite an extensive body of research on M&A, a key limitation in M&A research is the lack of focus on the motives underpinning acquisitions, which may explain frequent mixed and inconclusive results. Much of the existing literature struggles to fully capture the complex and multifaceted nature of these motives, limiting the ability to draw consistent conclusions. In this paper, we review academic and practical perspectives on M&A motives, highlighting both discrepancies and methodological challenges. Our key contributions include a comparison of theoretical and practical insights, …

Representative National Survey On Drug Use During The Covid-19 Stay-At-Home Order In The Usa, Soo-Hoon Lee, Bernadette Cullen, Alidon Athey, Calliope Holingue, Michelle R. Kaufman, Paul Nestadt, Jack Samuels, Tracy Vannorsdall, Phillip Phan

Management Faculty Publications

Objectives This study explores the drug use behaviour in the US general population in the early days of the COVID-19 pandemic with a focus on the relationship between sociopsychological factors, mobility restrictions from March to June 2020 and mental health conditions.

Design A retrospective anonymous online survey representing a cross-section of the US population in 2020.

Setting A qualified panel of 500 000 Qualtrics participants stratified by gender, race, age and geographical region to represent the US population.

Participants 3340 participants voluntarily consented to respond.

Measures Outcome measure for illicit and non-medical use of prescription drugs based on the National …

Alert During What? Beyond The "Big O" To A Culturally-Cognizant, Process View Of Entrepreneurial Alertness, Robert J. Pidduck, Daniel R. Clark

Management Faculty Publications

Entrepreneurial alertness is a psychological aptitude generally associated with aspects of nascent venturing, centered on individuals' environmental observations, the association of resources, and idea evaluation. A decade following the Tang et al. (2012) consensus construct and scale, critiques remain questioning its utility and unique value to the major conversations in entrepreneurship. Proponents put great emphasis on entrepreneurial alertness's proven association with opportunity recognition and entrepreneurial actions. Yet, critics suggest it might be an unnecessary step offering little more than a positive association with opportunity recognition in a highly generalized and static way. The purpose of this paper is to address …

A Different Risk-Return Relationship, Aydin Selim Oksoy, Matthew R. Farrell, Shaomin Li

Management Faculty Publications

We challenge the widely accepted premise that the valuation of an early-stage firm is simply the capital invested (USD) divided by the equity received (%). Instead, we argue that this calculation determines the break-even point for the investor; for example, investing USD 1.0 in exchange for a 10% equity sets a firm-level free cash flow target of USD 10.0, resulting in a 0% return for the investor. The design of our study is that of a descriptive analysis of the phenomenon, based on three assumptions: that angel investing is a two-issue negotiation, that negotiation positions are communicated sequentially from capital …

Not Exactly "Perfect," But Pretty Darn Good: A Review Of Michael Schur's Book- How To Be Perfect: The Correct Answer To Every Moral Question, Justin Pepe

Management Faculty Publications

How to Be Perfect: The Correct Answer to Every Moral Question provides a quick-start guide to addressing ethical challenges by using humor to make complex philosophical concepts accessible. Based on the premise that traditional ethics pedagogy is often stodgy, esoteric, and depressing, the book appeals to students and professionals who find conventional texts unapproachable. By blending humor with moral philosophy, it offers a fresh way to develop ethical reasoning in students and employees. This book can help address the urgent need for managers and professionals to build the ethical capabilities necessary to tackle grand challenges.

Individual Entrepreneurial Orientation: Scale Development And Validation, Daniel R. Clark, Jeffrey G. Covin, Robert J. Pidduck

Management Faculty Publications

Recent research introduced and laid the foundation for a new individual-level entrepreneurial orientation conceptualization (Ind.EO) within the entrepreneurial orientation family of constructs. Building directly from this work, this article theoretically defines a measurement model for the construct and develops and validates a scale. We define and measure disposition-based behavior constructs for autonomy, competitiveness, innovativeness, proactiveness, and risk-taking, thus providing psychometrically validated tools that support research in the burgeoning Ind.EO domain. Scale items are generated deductively from our definitions, and then tested through four data collections with academics, the lay population, entrepreneurs, and business managers. Strong validation data across these multiple …

Anime And Luxury Fashion: Studio Ghibli And Loewe's Unorthodox Brand Merchandizing, Theodore Gournelos, David Marutschke

Communication & Theatre Arts Faculty Publications

While they might seem counterintuitive to traditional concepts of “luxury,” collaborations between luxury and anime brands are a growing pattern reflecting the growth of both industries for key demographics. This paper argues that luxury brands use these collaborations to establish brand relevance and cultural connection while also positioning themselves advantageously against other brands in an increasingly social and online environment. Through a qualitative and quantitative content analysis of Instagram posts and user comments from Studio Ghibli and the Spanish luxury brand Loewe regarding their three product collaborations, we argue that there is a significant amount of room for differentiation in …

Nexus: Network Exploration For Exploiting Unsafe Sequences In Multi-Turn Llm Jailbreaks, Javad Rafiei Asl, Sidhant Narula, Mohammad Ghasemigol, Eduardo Blanco, Daniel Takabi

School of Cybersecurity Faculty Publications

Large Language Models (LLMs) have revolutionized natural language processing, yet remain vulnerable to jailbreak attacks—particularly multi-turn jailbreaks that distribute malicious intent across benign exchanges, thereby bypassing alignment mechanisms. Existing approaches often suffer from limited exploration of the adversarial space, rely on hand-crafted heuristics, or lack systematic query refinement. We propose NEXUS (Network Exploration for eXploiting Unsafe Sequences), a modular framework for constructing, refining, and executing optimized multi-turn attacks. NEXUS comprises: (1) ThoughtNet, which hierarchically expands a harmful intent into a structured semantic network of topics, entities, and query chains; (2) a feedback-driven Simulator that iteratively refines and prunes these chains …