Social and Behavioral Sciences Commons^™

Brief In Support Of Respondents As Amici Curiae, Donald J. Trump, President Of The United States, Et Al. V. Rebecca Kelly Slaughter, Et. Al, No. 25-332, Andrea Scoseria Katz, Jonathan Gienapp

Scholarship@WashULaw

In the years since this Court’s decision in Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020), legal historians—including originalists—have unearthed a rich body of evidence challenging the conventional wisdom concerning the scope of the President’s removal powers at the Founding. Revisiting not only the Framers’ intellectual influences, but also their driving philosophical concerns and political incentives, this scholarship explains that removal authority was not understood to be vested exclusively in the President as a matter of settled constitutional law, but rather was permissibly exercised by various actors in various ways, intentionally not settled by the …

Separation-Of-Powers Lochnerism, Andrea Scoseria Katz

Scholarship@WashULaw

One hundred and twenty years ago, the Supreme Court handed down one of the single most notorious opinions ever rendered, striking down a New York labor law for violating a right to contract found nowhere in the text of the Constitution. The era of Lochner v. NY (1905) is well past us, but not the judicial impulses that gave rise to the case. With a new champion in the Roberts Court, Lochnerism is alive and well, deployed in a new context to redefine the relationships between the President, Congress, federal agencies, and the courts. Bringing together two lines of case-law-on …

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

Scholarship@WashULaw

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …

International Space Law Under The Trump Administration: Commerce And Security, Melissa (M.J.) Durkee

Scholarship@WashULaw

Early themes of the second Trump administration's orientation toward international space law include military assertiveness, privatization, and nominal diplomatic engagement. These themes carry significant implications for international space law. They pressure longstanding international legal ambiguities, widen existing geopolitical divisions, and raise questions about how public-private interdependence will shape state responsibility and the development of norms in space. This essay was prepared for a special issue of the American Journal of International Law that offers an introduction and overview of the U.S. government's actions across a wide range of international legal issues in the first six months of President Trump's second …

Rational Gridlock, Scott Baker, Michael D. Gilbert

Scholarship@WashULaw

We examine the design of lawmaking institutions when advocates have agenda setting power and there is randomness in the status quo laws eligible for reform. The institutional designer maximizes voter welfare. We find that the optimal arrangement consists of two lawmaking institutions that must agree to enact any reforms. The institutions do not share preferences with one another or with the median voter. As a result, gridlock arises: the institutions reject some reforms that the median voter favors. However, when reform succeeds, it tends to be modest in scope and to more closely track what the median voter prefers. The …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Reflections On Translating Law And Economic Models For Lawyers And Law Professors, Scott Baker

Scholarship@WashULaw

Written as part of a keynote address for the 20th Annual Asian Law and Economics Conference, these remarks reflect on the way lawyers, judges, and law professors without economic training view and use law and economic models. After revisiting notably successes of classic results from the tort model – results that have penetrated the legal profession – it turns to the translation of more recent models of lawyer argumentation and precedent. Throughout, the point is to demonstrate how model insights can be used to help argue cases and distinguish precedent.

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Scholarship@WashULaw

Borrowing a quotation from Justice Jackson’s influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book “What Shall Be Orthodox” in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

A Liberty-Balancing Approach To Crime, Sheldon Evans

Scholarship@WashULaw

At its core, the criminal legal system is an ecosystem of institutions that seek to balance liberty interests. The insightful theories and complex practices of crime policy coalesce around questions on how crime impacts the liberties of individuals and communities to be safe, and how this correlates with the deprivation of liberty from offenders through our punishment system. But modern criminal policy, most often associated with the problems of overcriminalization and mass incarceration, has wholly abandoned any such delicate and nuanced balancing. Instead, the system thrives on sacrificing the liberties of offenders in a perverse and ineffective regime that leads …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Jens Frankenreiter, Kevin L. Cope, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Scholarship@WashULaw

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

The Practice Of Executive Constitutionalism, Conor Clarke, Daniel Epps

Scholarship@WashULaw

The Executive Branch must inevitably interpret the Constitution. Although departmentalists and judicial supremacists disagree about the scope of the Executive’s constitutional authority, few believe the Constitution is only for the courts. But what are the practices through which the Executive Branch interprets the Constitution and translates those interpretations into concrete decisions? What is their history? And what, if anything, is distinctive about them? While a rich and growing literature has examined some aspects of these questions, scholars have not broadly canvased the most central tools by which the Executive Branch shapes and implements constitutional law, or considered what makes them …

Dark Patterns In The Opt-Out Process And Compliance With The California Consumer Privacy Act (Ccpa), Jens Frankenreiter, Van Hong Tran, Aarushi Mehrotra, Ranya Sharma, Marshini Chetty, Nick Feamster, Lior Strahilevitz

Scholarship@WashULaw

To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our …

Judicial Reform From The Inside Out, Daniel Epps, Marin K. Levy

Scholarship@WashULaw

Prepared for the Notre Dame Law Review’s Spring 2025 Federal Courts Symposium on the 100th Anniversary of the Judiciary Act of 1925.

The Judiciary Act of 1925, the subject of this Symposium, is known as “The Judges Bill” for a reason. The Justices of the Supreme Court, and Chief Justice Taft in particular, produced the Act and persuaded Congress to enact it. To modern eyes, such efforts seem indecorous; perhaps even scandalous. But in fact, Supreme Court Justices and other federal judges have been extensively involved in judicial reform throughout American history. This Essay examines participation by federal judges in …

When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani

Scholarship@WashULaw

“Hard cases make bad law” is one of the most famous aphorisms in Anglo-American law. Its insight is that when strict application of a generally sound law would impose a special hardship on someone, a court may be tempted to distort the law to avoid the hardship. Scholars have long debated the meaning and truth of the aphorism, but the debate has suffered from an imprecise conceptualization of what makes a case “hard.” This lack of precision limits our ability to disentangle and work through the important questions the aphorism raises about how the facts of a particular case affect …

Private Law Without Precedent, Danielle D'Onfro

Scholarship@WashULaw

A common-law system assumes that judges regularly issue new opinions that clarify and update the law over time. At the same time, our federal system assumes that state courts will do the bulk of judicial lawmaking, especially in private law. And, with a few exceptions, our broader legal system assumes that state private law has allocated entitlements and obligations into a coherent system. None of these assumptions has been true for a long time.

This Article offers a comprehensive account of when and why these assumptions about the proper functioning of private law fail. It then uses this account to …

Championing Change: Equipping Employees For Digital Transformation, Tracie Edwards

Doctor of Strategic Leadership (DSL) Capstone Abstracts

Title of Project: Championing Change: Equipping Employees for Digital Transformation Defense Date: March 5, 2025 Candidate Name: Tracie Edwards Personal Email Address: [email protected] First Advisor: Dr. Bethany Peters Second Advisor: Dr. Jolene Erlacher

DSL Final Project Abstract: According to various sources, 70% or more of digital transformation initiatives fail. Some authors believe the failures are due to “people” problems and the inability of organizations to overcome resistance or a lack of skills among employees. Many organizations also choose to downsize rather than skill up existing staff. However, doing so incurs costs, including the loss of business knowledge and the need …

From Pulpit To Policy: Transforming Latino Evangelical Communities Through Pastoral Civic Capacity Building, Mark A. Vega

Doctor of Strategic Leadership (DSL) Capstone Abstracts

Title of Project: One Day Seminar: From Pulpit to Policy: Transforming Latino Evangelical Communities Through Pastoral Civic Capacity Building

Defense Date: April 1, 2025

Candidate Name: Mark Vega

Personal Email Address: [email protected]

First Advisor: Dr. Emile Hawkins

Second Advisor: Dr. Bethany Peters

DSL Final Project Abstract: This project investigates the transformative potential of Latino evangelical churches in enhancing civic engagement and community advocacy through pastoral leadership. Utilizing Kotter’s 8-Step Change Model, the research identifies significant socioeconomic, cultural, and institutional barriers that impede civic participation among Latino communities. Through qualitative analysis involving Latino evangelical pastors and leaders, the seminar-based approach equips …

Provision Cfo: Empowering Strategic Financial Excellence For Small Businesses And Entrepreneurs, Cindra Vang

Doctor of Strategic Leadership (DSL) Capstone Abstracts

Project Overview

ProVision CFO offers strategic financial management solutions tailored to the unique needs of entrepreneurs, small businesses, and rapidly growing organizations. This project aims to equip clients with robust financial strategies and actionable insights necessary for sustainable growth, operational excellence, and long-term success. ProVision CFO provides comprehensive financial guidance including fractional CFO and accounting services.

Project Themes

The ProVision CFO framework encompasses three key components designed to optimize financial performance and organizational effectiveness. Component One—Strategic Clarity: Establishing clear financial goals aligned with organizational vision, mission, and values. Component Two—Financial Optimization: Providing accounting services to streamline financial processes and enhance …

Permission To Unpack: Releasing The Traumas From Toxic Relationships, One Brick At A Time, Tomasa Villaronga

Doctor of Strategic Leadership (DSL) Capstone Abstracts

"Permission to Unpack: Releasing the Traumas from Toxic Relationships, One Brick at a Time" is a transformative manuscript designed to empower women to confront and heal from the traumas tied to toxic relationships. This book serves as a comprehensive guide, offering practical tools and insights to help readers engage in self-discovery and healing at their own pace. Central to the narrative are the principles of transformational leadership, guiding women on a journey of self-exploration and empowerment.

The text delves into critical themes such as Depression, Cycles, Love Bombing, Domestic Violence, Relapse, Sex, Narcissism, Trauma Bonds, Rebounding, Grief, and Forgiveness, providing …

Woke-Washing At Work, Peggie R. Smith, Marion Crain

Scholarship@WashULaw

In the modern era, corporate marketing and branding processes frequently encompass a public commitment to progressive social causes favored by a firm’s base of both consumers and workers. So-called woke capitalism, or values-based branding, is designed to build a relationship between the firm and its stakeholders that will yield brand loyalty and increased profits. It has proved exceptionally effective with millennial workers, who increasingly seek to express social justice and political values through their brand affiliations. Sometimes woke capitalism involves authentic promises of principled production and service, but not always. Values-based corporate promises that turn out to be inauthentic amount …

Uncharted Waters: Mapping A Vision For Student Success, Mallory Jallas, Christine Fary, Rebecca Fitzsimmons, Susan Franzen, Sarah French, Cassie Thayer-Styes

Faculty and Staff Publications – Milner Library

No abstract provided.

Love Is Dead In The Restless West: Hippies, Manson, And California Culture, 1966-1970, Rebecca Allen

Scripps Senior Theses

Though an extreme aberration from most of the hippie counterculture of the 1960s, Charles Manson’s ultimately murderous cult arguably represents something particular about American culture in the late sixties, in which youthful hostility towards the status quo sometimes grew radical, and in the case of the Manson Family cult, extremely violent. By the mid-sixties, more and more young people began to feel alienated by a culture they felt no longer embodied their larger aspirations, and as a result, were drawn to the emerging counterculture that embraced alternative lifestyles that frequently clashed with the traditional sensibilities of their parents’ generation. After …

‘An Intriguing But Ambiguous Privilege’: Adventures In Franco-Irish Relations Through The Prism Of The Diplomatic Meal, Elaine Mahon

Books/Book Chapters

This essay discusses the welcome banquet held in February 1945 in honour of the newly appointed French diplomatic envoy to Ireland, Jean Rivière, hosted by Éamon de Valera at Iveagh House, the headquarters of the Irish Department of External Affairs. The banquet took place at a moment when ‘an intriguing but ambiguous privilege’ had been granted by Charles de Gaulle’s Provisional Government to Ireland as the only country permitted to retain its diplomatic representative to France in the post-liberation period. Following the fall of the Vichy regime and the liberation of France in August 1944, de Gaulle’s government de- manded …

Note From The Department Chair, William Munro

Res Publica - Journal of Undergraduate Research

No abstract provided.

Editors' Introduction, Luke Alberstett, Victoria Ballesteros-Gonzalez

Res Publica - Journal of Undergraduate Research

No abstract provided.

Authors' Biographies

Res Publica - Journal of Undergraduate Research

No abstract provided.

Juvenile Record Expungement Policy In Illinois, Emma Kudelka

Res Publica - Journal of Undergraduate Research

This policy paper explores juvenile expungement policies and their broader social impact. Research suggests that lenient expungement laws help prevent discrimination in education, housing, and military service, aiding rehabilitation youth offenders' reintegration. The paper begins with a historical overview of Illinois juvenile law, highlighting its shift from punitive to rehabilitative approaches. It then examines key legislation, including the Juvenile Court Act, Juvenile Justice, and Delinquency Prevention Act, and Youth Opportunity and Fairness Act. Illinois's juvenile expungement laws are analyzed, covering eligibility, process, and timeline. A comparative analysis follows, contrasting Illinois' policies with those of California and Florida to emphasize differences …

Digital Playgrounds: Irish Tweens' Media Literacies In The Context Of Social Media Content Creators, Fardus Sultan

Doctoral

Children under 12 are avid social media users. Of these, tweens, children aged 9 to 12, are currently the age group most likely to engage in independent social media content consumption. One of their favourite online activities is watching content produced by social media influencers and content creators, collectively referred to here as social media creators. The popularity of social media creators has grown exponentially in recent times. Considered trusted, relatable and authentic, they produce content that resonates with audiences. Consequently, their messages often possess greater persuasive power, making them a popular choice for advertisers. Creators seamlessly blend commercial messaging …

Fostering A Culture Of Collaboration For Change:​ Tu Dublin’S Engaged Research Network ​, Catherine Bates, Mary Deasy, Ade Baruwa, Caroline Mcgowan, Catherine E. Gorman, Claire Mcdonnell, Fiona Prendergast, Lucía Morales, Sorcha Hyland

Research and Innovation - Other

Engagement drives a strong research culture, fostering collaboration, impact, and sustainability. It enables integration by connecting early-career and senior researchers; enhances research outcomes; and creates more opportunities for funding. This creates a more inclusive, diverse, and dynamic research ecosystem. Engaged research is co-created with stakeholders, e.g. communities, industries, and policymakers, to provide tangible outcomes and impact.

TU Dublin has established an Engaged Research Network (ERN) to enable knowledge co-creation. The aim is to build its capacity for Engaged Research, with a focus on the UN Sustainable Development Goals. It focuses on connecting and supporting staff and PhD students and developing …

Processing Of Verbal Versus Adjectival Agreement: Implications For Syntax And Psycholinguistics, Zuzanna Fuchs, Olga Parshina, Irina A. Sekerina, Maria Polinsky

Publications and Research

Linguistic theories distinguish between external and internal agreement (e.g., noun-verb agreement vs. noun-modifier agreement, the latter also known as concord) and model them using different mechanisms. While this distinction has garnered considerable attention in syntactic theory, it remains largely unexplored in experimental work. In an effort to address this gap, we conducted two studies of external/internal agreement in Russian using self-paced reading and eye-tracking while reading. We measured the response to violations generated when native speakers encounter a noun that mismatches the features on an earlier element inflected for agreement (verb, modifying adjective, and predicative adjective). Both experimental studies found …