Digital Commons Network^™

Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh

Faculty Scholarship

“Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a three-part framework: whether a case is rightly decided legally, morally, or sociologically.

Additionally, this Essay argues that disaggregating the question exposes deeper deficiencies in legal education. Many law professors do not provide students with serious grounding to engage in rigorous thinking about the relationship between law, morality, and justice, not to …

Parenting And The Academic Library: Experiences, Challenges, And Opportunities, Courtney Stine, Sarah Frankel, Anita Hall

Faculty Scholarship

Academic Library Workers in Conversation is a C&RL News series focused on elevating the everyday conversations of library professionals. The wisdom of the watercooler has long been heralded, but this series hopes to go further by minimizing barriers to traditional publishing with an accessible format. Each of the topics in the series were proposed by the authors and they were given space to explore. This issue’s conversation revolves around parenting and how academic libraries must do more. The insights from the authors apply beyond parenting and are a great reminder that people make our academic libraries work.— Dustin Fife, series …

Navigating The Maze: The Role Of Pre-Enrollment Socio-Cultural And Institutional Factors In Higher Education In The Age Of Ai, Emily Barnes, James Hutson

Faculty Scholarship

This article explores the complex interplay between pre-enrollment socio-cultural and institutional factors and their impact on the higher education landscape. It challenges traditional metrics of academic achievement, presenting a nuanced perspective on student success that emphasizes the importance of socio-economic backgrounds, cultural capital, and K-12 education quality. The analysis extends to the significant role of institutional attributes in shaping student readiness and decision-making processes. The study advocates for the integration of artificial intelligence (AI)-driven assessments by higher education institutions to cater to the diverse needs of the student body, promoting an inclusive and supportive learning environment. Anchored in an extensive …

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Lived Experiences: Growing Up With A Seriously Mentally Ill Parent, Deborah Lindell, Elliane Irani

Faculty Scholarship

Introduction: Individuals with serious mental illness often have persistent and disruptive symptoms. These can profoundly affect their children's lives, exposing them to adverse social and psychological conditions. Such conditions can result in traumatic lived experiences during childhood, which can carry over into adulthood, influencing their self-perceptions and shaping their attitudes toward themselves and society. To gain insights into this phenomenon, this study explored the lived experiences of adults who grew up with a parent with serious mental illness and their perceptions of their lives in adulthood. Design: This study used an interpretive phenomenological design. Methods: Participants were invited to voluntarily …

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.

Embracing Ai In English Composition: Insights And Innovations In Hybrid Pedagogical Practices, James Hutson, Daniel Plate, Kadence Berry

Faculty Scholarship

In the rapidly evolving landscape of English composition education, the integration of AI writing tools like ChatGPT and Claude 2.0 has marked a significant shift in pedagogical practices. A mixed-method study conducted in Fall 2023 across three sections, including one English Composition I and two English Composition II courses, provides insightful revelations. The study, comprising 28 student respondents, delved into the impact of AI tools through surveys, analysis of writing artifacts, and a best practices guide developed by an honors student. Initially, the study observed a notable anxiety and mistrust among students regarding the use of AI in writing. However, …

Digital Resurrection Of Historical Figures: A Case Study On Mary Sibley Through Customized Chatgpt, James Hutson, Paul Huffman, Jeremiah Ratican

Faculty Scholarship

This study investigates the emerging realm of digital resurrection, focusing on Mary Sibley (1800–1878), the esteemed founder of Lindenwood University. The core objective was to demonstrate the capability of advanced artificial intelligence, specifically a customized version of ChatGPT, in revitalizing historical figures for educational and engagement purposes. By integrating comprehensive diaries from Sibley with Claude 2.0, the research utilized a substantial autobiographical dataset to develop a GPT beta version that replicates her distinct voice and tone. The incorporation of her official portrait and diaries into the GPT Builder was pivotal, creating an interactive platform that accurately reflects her perspectives on …

Multi-Strain Probiotic Improves Subjective Sleep Quality With No Impact On Body Composition, Hemodynamics, And Physical Activity, Chad Kerksick, Jessca Moon, Kylie Walden, Anthony Hagele, L. E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Marco Pane, Petey Mumford

Faculty Scholarship

The objective of the study was to examine the impact of a multi-strain probiotic (MSP) on sleep, physical activity, and body composition changes. We used a randomised, double-blind, placebo-controlled approach with 70 healthy men and women (31.0 ± 9.5 years, 173.0 ± 10.4 cm, 73.9 ± 13.8 kg, 24.6 ± 3.5 kg/m2) supplemented daily with MSP (4 × 109 live cells Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04; Probiotical S.p.A., Novara, Italy) or placebo (PLA). In response to supplementation (after 0, 2, 4, and 6 weeks of supplementation) and 3 weeks after stopping supplementation, …

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court’s embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette’s celebrated language: “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 their faith therein.” They also …

Integrating Art And Ai: Evaluating The Educational Impact Of Ai Tools In Digital Art History Learning, James Hutson

Faculty Scholarship

This study delves into the burgeoning intersection of Artificial Intelligence (AI) and art history education, an area that has been relatively unexplored. The research focuses on how AI art generators impact learning outcomes in art history for both undergraduate and graduate students enrolled in Ancient Art courses, covering eras from ancient Mesopotamia to the fall of Rome. Utilizing a mixed-methods approach, the study analyzes AI-generated artworks, reflective essays, and survey responses to assess how these generative tools influence students’ comprehension, engagement, and creative interpretation of historical artworks. The study reveals that the use of AI tools in art history not …

Desettling Fixation, Emily T. Behzadi Cárdenas

Faculty Scholarship

Scholars have long contemplated how the effects of colonialism have permeated even race “neutral” laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has entrenched an unequal hierarchy among communities seeking copyright protection. Due to its ephemeral nature, intangible cultural heritage constantly faces the threat of exploitation by dominant cultures. The intangible heritage of indigenous groups has been particularly vulnerable to illicit and uncompensated commodification. Intangible heritage, such as oral histories and traditional dances, is …

Surveilling Disability, Harming Integration, Prianka Nair

Faculty Scholarship

No abstract provided.

Privacy Nicks: How The Law Normalizes Surveillance, Woodrow Hartzog, Evan Selinger, Johanna Gunawan

Faculty Scholarship

Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our rules look to social norms to set thresholds for privacy violations, but people can get used to being observed. In this article, we argue that by ignoring de minimis privacy encroachments, the law is complicit in normalizing surveillance. Privacy law helps acclimate people to being watched by ignoring smaller, more frequent, and more mundane privacy diminutions. We call these reductions “privacy nicks,” like the proverbial “thousand cuts” that lead to death.

Privacy nicks come from the …

Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott

Faculty Scholarship

Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law, dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs, focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. In her essay, Goodwin explores the harms that will follow if minors’ right of access …

Orthogonalizing Inputs, Talia B. Gillis

Faculty Scholarship

This paper examines an approach to algorithmic discrimination that seeks to blind predictions to protected characteristics by orthogonalizing inputs. The approach uses protected characteristics (such as race or sex) during the training phase of a model but masks these during deployment. The approach posits that including these characteristics in training prevents correlated features from acting as proxies, while assigning uniform values to them at deployment ensures decisions do not vary by group status.

Using a prediction exercise of loan defaults basedon mortgage HMDA data and German credit data, the paper highlights the limitations of this orthogonalization strategy. Applying a lasso …

(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson

Faculty Scholarship

Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.

This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias

Faculty Scholarship

In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts — “labor’s” efforts for short — seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would …

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Parental Rights Rhetoric Versus Parental Rights Doctrine, Clare Huntington

Faculty Scholarship

Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …

Digital Inclusion For People With Autism Spectrum Disorders: Review Of The Current Legal Models And Doctrinal Concepts, James Hutson, Piper Hutson

Faculty Scholarship

Objective: Today, a significant part of professional tasks are performed in the digital environment, on digital platforms, in virtual and other meetings. This necessitates a critical reflection of traditional views on the problem of accessible environment and digital accessibility, taking into account the basic universal needs of persons with disabilities.

Methods: A gap between the traditional legal perspective on special working conditions for persons with disabilities and the urgent need of a digital workplace (digital environment) clearly shows lacunas in the understanding of accessibility, which are identified and explored with formal-legal and doctrinal methods. The multifaceted aspects of …

College Major Area And Career Commitment: Rethinking Steam In Educational- Vocational Guidance, James Hutson, Sara Bagley, Colleen Biri

Faculty Scholarship

Objective: The exigency for higher education to exhibit outcomes aligning with career competencies has intensified, driven by external pressures favoring job-specific training. Amidst shifting career tendencies of Generations Y and Z and the advent of artificial intelligence-led automation, the valuation of different college majors has come under scrutiny. This study aims to dissect the prevailing assumptions and explore the satisfaction and career commitment levels among individuals with career-focused degrees.

Methods: Utilizing a mixed-methods approach, the study delves into the relationships among areas of study, career commitment, self-esteem, and self-efficacy among alumni from a private Midwestern liberal arts college. Instruments …

Naturally Bicarbonated Water Supplementation Does Not Improve Anaerobic Cycling Performance Or Blood Gas Parameters In Active Men And Women, Anthony M. Hagele, Johnathan L. Boring, Jessica M. Moon, Kyle L. Sunderland, Petey W. Mumford, Chad M. Kerksick

Faculty Scholarship

The completion of high-intensity exercise results in robust perturbations to physiologic homeostasis, challenging the body’s natural buffering systems to mitigate the accumulation of metabolic by-products. Supplementation with bicarbonate has previously been used to offset metabolic acidosis, leading to improvements in anaerobic exercise performance. Purpose: The purpose of this study was to investigate the presence of ergogenic properties in naturally occurring low-dose bicarbonated water and their effects on anaerobic cycling performance and blood gas kinetics in recreationally active men and women. Methods: Thirty-nine healthy, recreationally active men and women (28.1 ± 8.0 years, 169.8 ± 11.7 cm, 68.9 ± 10.8 kg, …

Essence As Algorithm: Public Perceptions Of Ai-Powered Avatars Of Real People, James Hutson, Jay Ratican, Colleen Biri

Faculty Scholarship

This paper investigates the intersection of generative AI, Large Language Models (LLM), and robotics. Exemplified by systems like ChatGPT and technological marvels such as Ameca the Robot, the combination of technologies will allow humans to transcend the limitations of death. Through digital necromancy, a practice encompassing the technological resurrection of deceased individuals, the ability to not only passively see recordings of loved ones but to interact with them is made possible, leading to ethical and psychological considerations. Therefore, examining these trends extends into the motives underlying engagement with both incorporeal and corporeal reproductions of individuals, with reasons ranging from memory …

Beyond The Pixelated Mirror: Understanding Avatar Identity And Its Impact On In-Game Advertising And Consumer Behavior, Kyle Coble, Jay Ratican, James Hutson

Faculty Scholarship

This article examines the complex dynamics between avatars and in-game advertising, probing how virtual representations influence consumer behavior within digital environments. It delves into the psychological interplay between self-perception and avatar embodiment, suggesting that while younger users may treat avatars as accessories showcasing personal interests, adults tend to opt for idealized selves, affecting their interaction with and responsiveness to virtual marketing. The study contemplates the avatar’s function as both a consumer and influencer in the expanding metaverse, considering the escalating integration of branded items in games. It also highlights potential shifts in consumption patterns as digital and physical realities converge. …

Demystifying Artificial Intelligence (Ai) For Early Childhood And Elementary Education: A Case Study Of Perceptions Of Ai Of State Of Missouri Educators, Kathryn Arnone, James Hutson, Karen Woodruff

Faculty Scholarship

Artificial intelligence (AI) and its impact on society have received a great deal of attention in the past five years since the first Stanford AI100 report. AI already globally impacts individuals in critical and personal ways, and many industries will continue to experience disruptions as the full algorithmic effects are understood. However, with regard to education, adopting in disciplines remains limited largely to Computer Science and Information Technology in postsecondary education. Recent advances with technology are especially promising for their potential to create and scale personalized learning for students, to optimize strategies for learning outcomes, and to increase access to …

Social Activity Restriction And Psychological Health Among Caregivers Of Older Adults With And Without Dementia, Elliane Irani, Kylie Meyer, Scott Emory Moore, Kedong Ding

Faculty Scholarship

Objectives: We examined associations between social activity restriction and psychological distress and well-being for caregivers of older adults with and without dementia, and if the identified associations are different for the two groups. Methods: Using data from the 2017 National Study of Caregiving, we identified caregivers of older adults with (N = 541) and without (N = 1701) dementia. Linear regression models were estimated, adjusting for caregivers’ age, gender, race, education, relationship to care recipient, and self-rated health. Results: Restriction in visiting friends and family and attending religious services were associated with higher distress in dementia caregivers. Restriction in visiting …

Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig

Faculty Scholarship

In a seminal article published nearly twenty years ago in the Yale Journal of Law and the Humanities, Professor Peter Brooks posed a critical yet underexplored question: "Does the [flaw [n]eed a [n]arratology?"⁵ In essence, he asked whether law as a field should have a framework for deconstructing and understanding how and why a legal opinion, including the events that the opinion is centered on, has been crafted and presented in a particular way.⁶ After highlighting that "how a story is told can make a difference in legal outcomes," Brooks encouraged legal actors to "talk narrative talk" …