Digital Commons Network^™

The Right To Inequality: Conservative Politics And Precedent Collide, Jonathan Feingold

Faculty Scholarship

The “end of affirmative action” is the beginning of this story. In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court struck a near fatal blow to race-consciousness. Many institutions have since pivoted to “race neutral alternatives.” This is a natural turn. But one that faces immediate headwinds.

The same entities that demanded Harvard pursue racial diversity through colorblind means have sued public high schools for doing just that. These litigants assert a “right to inequality”—a theory that would pit the equal protection clause against equality itself. Even if normatively jarring, a right to inequality might seem a …

Selling And Abandoning Legal Rights, Keith N. Hylton

Faculty Scholarship

Legal rights impose concomitant legal burdens. This paper considers the valuation and disposition of legal rights, and legal burdens, when courts cannot be relied upon to perfectly enforce rights. Because courts do not perfectly enforce rights, victims suffer some loss in the value of their rights depending on the degree of underenforcement. The welfare implications of trading away and abandoning rights are examined. Victims do not necessarily trade away rights when and only when such trade is socially desirable. Relatively pessimistic victims (who believe
their rights are weaker than injurers do) trade away rights too cheaply. Extremely pessimistic victims abandon …

Technoculture And Language Models In Archaeology: Reconstructing And Preserving Cultural Narratives Through Digital Humanities, James Hutson

Faculty Scholarship

Technoculture, which examines the intersection of culture and technology, has increasingly permeated archaeological practice, transforming both scholarly research and public engagement [1-3]. The introduction of digital tools such as virtual reality (VR), geographic information systems (GIS), and large language models (LLMs) has democratized access to archaeological knowledge, enabling communities to engage more actively with their cultural heritage [4-6]. This short article explores the mutual influence of technocultural studies and AI technologies on archaeology, with a focus on the preservation and reconstruction of cultural narratives through digital means.

The first aspect of this intersection lies in how technocultural tools are creating …

A Program To Improve The Efficiency And Quality Of Patent Examination, Keith N. Hylton, Madisyn Lynn Richards

Faculty Scholarship

In this article we suggest three novel amendments to U.S. patent law to increase efficiency and decrease costs. We first contend that while the assertion of invalid patents is detrimental because of anticompetitive effects, such competition concerns should place no duty upon applicants to disclose prior art at the outset. Additionally, we argue that to avoid resource waste, the USPTO should outsource prior art searches for certain applications, as in Japan. Finally, we propose a system where patentees have the option to elect to a patent box regime that reduces their taxes on patent profits substantially (e.g., from 21% to …

Satirical Deepfakes, Surreal Dreamscapes & Nostalgic Pixels: The Rapid Evolution And Cultural Commentary Of Ai-Aesthetics, Andrew Smith, James Hutson

Faculty Scholarship

The rapid evolution of visual aesthetics driven by AI, shared globally through the internet and social media, has dramatically accelerated what once took centuries to develop. This article explores the unique visual tropes emerging from AI-generated content, characterized by surreal, uncanny, and often unsettling imagery. Examples range from the Dor Brothers' stylized narrative videos to horrifying depictions of transformations, such as people morphing into motorcycles. The article contextualizes this aesthetic within historical developments in creative experimentation, drawing parallels with David Bowie's unconventional approach to sound creation in the 1970s. It also considers how AI-driven art, free from copyright constraints in …

Ai Satire And Digital Dystopia: The Dor Brothers Crafting Imperfection And Political Commentary In Contemporary Video Art, James Hutson, Andrew Smith

Faculty Scholarship

The Dor Brothers' AI-generated video content exemplifies an inflection point in digital creativity, where technological limitations are repurposed as aesthetic tools. Drawing on recent interviews with Yonatan Dor, this article explores the innovative techniques of the brothers, such as masking visual imperfections with retro filters and embracing the unpredictability of AI outputs. Through generating numerous clips and meticulously editing selections, they create a unique aesthetic that juxtaposes surrealism with a gritty realism, often reminiscent of early CCTV or VHS footage. Their work not only transcends the typical "morphing face" trope of AI videos but also engages in satire, using deepfake-like …

Bridging Disciplines With Ai-Powered Coding: Empowering Non-Stem Students To Build Advanced Apis In The Humanities, Daniel Plate, James Hutson

Faculty Scholarship

The integration of AI-powered coding assistants, such as Cursor AI, GitHub Copilot, and Replit’s Ghostwriter AI, represents a transformative shift in programming education, particularly for non-STEM students. These tools democratize coding by enabling natural language code generation, intelligent error correction, and context-aware assistance within familiar coding environments. This article explores how these technologies empower educators across disciplines to introduce basic and advanced coding concepts to humanities students, a demographic traditionally underserved in programming education. By leveraging AI, instructors can teach non-STEM students the foundational principles of coding and guide them through the development of sophisticated projects, such as building APIs …

Celebrate Constitution And Citizenship Day Every Day, Not Just Sept. 17th, Maryam Ahranjani

Faculty Scholarship

Learning - and teaching - about the Constitution is not easy, but it is important. It was written so long ago by some powerful men that many of us cannot easily relate to. But they conceived of a living, breathing document whose intentions would guide future generations. Today we will begin to explore why it is important to strive to make the Constitution seem real and applicable to our lives. The Constitution provides guidelines for how government should work. And it provides for the basic individual rights and freedoms we enjoy in the United States.

Inhibitory Control Training Improves Cold But Not Warm Cognition In Typically Developing Preschoolers., Vahid Nejati, Ladan Ghotbi, Sarah Raskin

Faculty Scholarship

Inhibitory control, as a fundamental executive function, has been found to be associated with a range of cognitive processes. In this study, our objective was to enhance inhibitory control through a targeted training program and assess its impact on delay discounting and risky decision making. Thirty-two typically-developing children (age mean 6.89±0.32 years) were recruited in a random clinical trial design in two equal intervention and active control groups. Go/No-Go, Flanker, continuous performance, delay discounting, and balloon analogue risk tasks were used for assessment in three baseline, post- intervention, and 3-months follow-up sessions. The intervention group received the program for attentive …

Uncertainty Quantification In Machine Learning Models Via Gaussian Process Regression: A Comparative Study, Ayorinde E. Olatunde, Weiqi Yue, Pawan K. Tripathi, Roger H. French, Anirban Mondal

Faculty Scholarship

As the use of Machine learning models in science and engineering continues to increase, there is an increasing need for quantifying the uncertainties inherent in the predictions of these models. The more complex a model is, the more the uncertainties in its predictions increase. Amongst the plethora of methodologies used in quantifying uncertainties lies Gaussian Process Regression (GPR). GPR surmounts some of the popular shortfalls of other state-of-the-art methodologies. Although GPR has some quick wins in its application for uncertainty quantification, it is plagued with some shortfalls, such as scalability issues when the feature space increases as well as an …

The Complexity Of American Federalism, Christian G. Fritz

Faculty Scholarship

For the Balkinization Symposium on Alison L. LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale University Press, 2024).

Alison LaCroix’s insightful new book, The Interbellum Constitution, builds on an often-overlooked fact: that Americans living before the Civil War did not know they were part of an “antebellum” period. That oversight has contributed to a conventional narrative of constitutional history and doctrine during the first half of the nineteenth-century that tends to read that history and doctrine backwards through the lens of a war that contemporaries did not know would define them. From this …

The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang

Faculty Scholarship

Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but …

The Incoherence Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

What is the purpose of evidence law? The answer might seem intuitive. Evidence law exists, of course, to foster verdict accuracy, legitimacy, and efficiency. But these kindred aims often come into conflict. Policy tradeoffs are inescapable in evidence law, meaning that an evidentiary regime must clarify how its normative objectives cohere. Do accuracy, legitimacy, and efficiency work together on equal footing, such that the goal of a code is to maximize each objective to the extent possible? Or does one of evidence law’s aims take precedence over the rest? And if one goal takes priority, what is the role of …

Shame On Me: Emotions And Gender Differences In Taking With Earned Endowments [Post-Print], Brianna Halladay

Faculty Scholarship

We study gender differences in a taking-framed dictator game. We expand on past studies documenting gender differences in the taking-framed dictator game by asking whether gender differences persist when endowments are earned. We find a strong and robust gender effect. Women take less than men both in terms of overall amounts and share taken. We further elicit emotions following the taking game. Shame is positively correlated with taking behavior; this could be a contributing factor to taking aversion documented in the literature. Interestingly we do not observe gender differences in reported emotions or emotional intensity by either dictators or receivers.

Limits To Asset Manager Adaptation, Madison Condon

Faculty Scholarship

In Our Lives in Their Portfolios, Brett Christophers provides an account of the rise of ‘asset manager society’ – a world in which the infrastructures of public life are converted from public to private ownership. Here I use Christophers’ analysis to comment on growing calls for asset manager investment in climate adaptation. The asset manager business model requires ever-escalating returns, a poor fit with the now unavoidable losses that climate change promises to bring.

Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson

Faculty Scholarship

Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …

Beyond Automation: Ai As A Catalyst For New Job Creation In Software Development, Jill Willard, James Hutson

Faculty Scholarship

As artificial intelligence (AI) continues to evolve, its impact on software development and programming is profound, drawing parallels to the shift from assembler to object-oriented programming. This article explores how AI is reshaping the landscape of software jobs, creating new opportunities rather than diminishing them. By simplifying complex tasks and lowering barriers to coding, AI is expanding the technology "pie," introducing new use cases, and enhancing efficiency. The transition from monolithic services to microservices has reduced risks and accelerated deployment processes, and AI is poised to further this evolution by managing the complexities of service interactions through advanced orchestration layers. …

Contemplating Existence: Ai And The Meaning Of Life, Emily Barnes, James Hutson

Faculty Scholarship

This article explores the intersection of artificial intelligence (AI) with existential philosophy, examining how AI technologies influence human conceptualizations of purpose and meaning. Despite rapid advancements in AI, the domain's implications for existential thought remain underexplored. By integrating interdisciplinary perspectives from psychology, philosophy, and AI ethics, this study elucidates how AI can shape, challenge, or enhance our understanding of life's purpose. It investigates theoretical frameworks and practical implementations of AI engaging in existential questions, analyzing both the capabilities and limitations of AI systems such as ChatGPT in simulating human existential thought. The ethical implications of AI's role in existential inquiries …

A Framework For The Foundation Of The Philosophy Of Artificial Intelligence, Emily Barnes, James Hutson

Faculty Scholarship

In recent years, the rapid advancement of artificial intelligence (AI) technology has sparked profound questions about the nature of machine intelligence and the possibility of AI consciousness. As AI systems become increasingly sophisticated, examining their philosophical foundations has become imperative. This article investigates the intricate relationship between AI and existential thought, aiming to establish a comprehensive framework for understanding AI's philosophical underpinnings. The historical development of AI, from symbolic AI to contemporary machine learning paradigms, highlights the increasing complexity and sophistication of AI systems, prompting significant philosophical debates about machine consciousness. Theoretical models such as the Independent Core Observer Model …

Bridging The Gap: Ai And The Hidden Structure Of Consciousness, Emily Barnes, James Hutson

Faculty Scholarship

The quest to develop Artificial Intelligence (AI) systems that possess human-like consciousness necessitates a deep dive into both theoretical and practical aspects underpinning this ambitious goal. This article builds on initial philosophical explorations of AI consciousness by examining the intricate and often hidden structures that may facilitate conscious experiences in AI. Drawing from concepts in cognitive science and neuroscience, the article elucidates how AI systems can be designed to replicate the structural and functional aspects of human consciousness. The discussion includes the Hierarchy of Spatial Belongings proposed by Forti (2024), frameworks like the Integrated Information Theory (IIT), and models linking …

A Qualitative Study On The Integration Of Artificial Intelligence In Cultural Heritage Conservation, Kholoud Ghaith, James Hutson

Faculty Scholarship

The widespread adoption of generative artificial intelligence (GAI) technologies heralds an era of expanding possibilities in the domain of cultural heritage conservation. This paradigm shift is marked by a confluence of innovative methodologies, including digital twin mapping, digital archiving, and enhanced preservation strategies, aimed at safeguarding the vestiges of our shared past. The application of AI within this field represents a frontier where technology and tradition intersect, offering new vistas for the preservation of historical structures and artifacts that are at risk of deterioration or oblivion. This article endeavors to elucidate the perspectives of professionals within the conservation domain on …

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …

Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose

Faculty Scholarship

The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.

The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the law focus …

Mitigating Algorithmic Bias: Strategies For Addressing Discrimination In Data, Sonia Gipson Rankin

Faculty Scholarship

This article examines the pervasive issue of algorithmic bias, particularly within large language models (LLMs) and the legal system. It argues that unlike simple programming bugs, these biases are deeply ingrained in the design and training data of artificial intelligence (AI) systems. By understanding the historical roots of bias and its realworld consequence across various sectors, we can develop effective strategies to mitigate its impact and ensure AI serves as a tool for progress. Weaving together historical insights, case studies, and forward-looking recommendations, the article aims to equip legal professionals with the knowledge and tools necessary to lead the charge …

Chapter 3: Civic Education And Democracy's Flaws, Robert L. Tsai

Faculty Scholarship

Today, liberalism and democracy are beset by competitors that seek to return power to religious traditionalists or partisans masquerading as civic republicans.¹ In such an environment, can civic education do some good, and even help bridge our society’s deepening divides?

Seana Shiffrin has characteristically brought deep learning and penetrating insight to the project of civic education in a modern democracy. Against a “dominant” model of citizenship in which “citizens vote and hand off power to their representatives”— which she believes encourages the people to maintain an unhealthy distance from government— she proposes a richer account of political community in …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Enhancing Adult Learner Success In Higher Education Through Decision Tree Models: A Machine Learning Approach, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

This article explores the use of machine learning, specifically Classification and Regression Trees (CART), to address the unique challenges faced by adult learners in higher education. These learners confront socio-cultural, economic, and institutional hurdles, such as stereotypes, financial constraints, and systemic inefficiencies. The study utilizes decision tree models to evaluate their effectiveness in predicting graduation outcomes, which helps in formulating tailored educational strategies. The research analyzed a comprehensive dataset spanning the academic years 2013–2014 to 2021–2022, evaluating the predictive accuracy of CART models using precision, recall, and F1 score. Findings indicate that attendance, age, and Pell Grant eligibility are key …

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

Extreme Value Statistics Analysis Of Process Defects In Additive Manufacturing Materials, Ayorinde E. Olatunde, Kristen Hernandez, Austin Ngo, Arafath Nihar, Thomas G. Ciardi, Rachel Yamamoto, Pawan K. Tripathi, Roger H. French, John J. Lewandowski, Anirban Mondal

Faculty Scholarship

Fatigue and fracture studies focused on process defects that occur in Additive Manufacturing (AM) materials have shown that defect populations possess features which are better measured with extreme value statistics (EVS). In AM alloys, defect occurrences increase with material volume. This situation facilitates the need to model process defects in the path of fatigue crack growth with suitable statistical tools, such as EVS, which is more cost-effective when compared to destructive experiments. The application of EVS on defect space features helps determine the difference in defects present on fracture surfaces. As the fatigue quality of any material depends on its …

Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos

Faculty Scholarship

In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …