Digital Commons Network^™

Swiping Rights: Hidden Costs Of Hidden Laws, Rachel Landy

Articles

While many legal regimes have undergone fundamental shifts to account for the online economy, one lags behind: industry-specific mandatory contract rules. These rules, frequently buried in decades-old, nonintuitive statutes, are often overly prescriptive and come with draconian penalties, hampering the goals of entrepreneurship and impeding startup growth.

Much has been written about the intersection of regulation and entrepreneurship. But sparse attention has been paid to the unintended consequences on early-stage companies of more subtle regulatory interventions like contract rules — especially those with inconsistent or conflicting requirements among the states. This Article begins to fill that gap and uses as …

The Academic, Psychological, And Physical Impact Of Motor Skills Difficulties On College Students: A Scoping Review, David Gaul Phd, Suzanne Mccarthy Wolf

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Purpose of Review

This scoping review examines the extent and quality of research literature to determine the impact of motor skills difficulties on college or university students. It assesses the adequacy of current institutional supports and identifies opportunities for more inclusive educational practices.

Recent Findings

Four databases (PubMed, SCOPUS, PsycINFO, and Web of Science) were searched for English-language studies published since 1970. Eighteen studies met inclusion criteria: 12 empirical, 4 descriptive, and 2 program evaluations. Six papers from the UK addressed support, social isolation, and academic confidence; six Israeli studies focused on handwriting, dysgraphia, and accommodations; three US studies examined …

Antitransgender Legislation And Needs Of Transgender Floridians, 2018–2024, Callan Hummel, Kim-Phuong Truong-Vu, Kathryn Nowotny, Ashley Mayfaire, Beaux Ramos, Jasmine Mckenzie, Charlton C. Copeland, Tiffany R. Glynn

Articles

Objectives. To document transgender Floridians’ service needs before and after antitransgender state legislation.

Methods. We conducted descriptive and change point analyses of intake survey data collected by a transgender-led community-based organization in Florida from 701 clients who requested services between 2018 and 2024.

Results. Findings show enrollment for services increased during the rise in antitransgender legislation, with pressing needs for legal and financial support for name changes and gender-affirming health care. The percentage of clients requesting sexual health resources increased, especially among Black clients.

Conclusions. Findings underscore the urgency of (1) understanding the impact of antitransgender legislation on service needs, …

Look What You Made Me Do, Russell M. Gold

Articles

We have understood for centuries that crime is both the product of social forces and individual choice. We know now that crime is affected by economic deprivation, addiction, trauma, and mental health issues. But American criminal legal processes hide this reality by coercing defendants into expressing a profoundly simple narrative: crime is solely individual choice to do wrong. This coerced narrative finds defendants during a plea colloquy standing up in court saying that they are pleading guilty because they are guilty and for no other reason. A defendant who goes off-script to tell the judge that they have been repeatedly …

Aripiprazole- And Lurasidone-Induced Akathisia: A Case Report And Literature Review., Kalyan Kandra

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Akathisia is a distressing extrapyramidal symptom of antipsychotic medications, characterized by a subjective feeling of inner restlessness and an objective urge to move. While first-generation antipsychotics are often associated with akathisia, second-generation antipsychotics, including partial dopamine agonists, such as aripiprazole and serotonin-dopamine activity modulators like lurasidone, may also cause akathisia. This report details the case of a 46-year-old male with treatment-resistant depression who developed severe akathisia sequentially during augmentation therapy, first with lurasidone and later with aripiprazole. In both instances, the distressing symptoms resolved completely upon discontinuation of the offending agent. This case is significant as it highlights that even …

An Exploration Of The Evolving Boundary-Spanning Leadership Role Of Architects, Rory Concannon, Roisin Murphy, Oluwasegun Seriki

Articles

Architects form part of multidisciplinary teams in the construction of the built environment. Traditionally they have played a leading role within the construction process, often managing entire projects to completion. In recent years the composition of construction teams have evolved, leading to a perception that the architects leadership role has been diminished. Little is known about the boundary-spanning leadership required by architects, particularly in the light of the evolving roles. Through in-depth, semi-structured interviews, this research reduces this gap by exploring architect’s leadership practices in the context of changing boundaries within the construction team. Our findings reveal six specific competencies …

Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur

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Americans work harder than their counterparts in many other advanced economies. While many predicted that technological progress would eventually make work obsolete, Americans continue to pull long hours. Although stories of worker burnout and “quiet quitting” suggest that this situation is not a good fit for everyone, any problems are largely invisible to the conceptual frameworks that dominate the analysis of law. These frameworks normally assume the goal of maximizing production and often treat the human preference for leisure as a problem to be solved. This Article analyzes the problem of overwork. In doing so, it surfaces legal and policy …

Pierce County Juvenile Justice Assessment, Alya Azman, Kathryn Cunningham, Anna Duncan, David M. N. Garavito, Noah Gubner, Jean Hernandez, Robyn Metcalfe, Rachel Porter, Santiago Pedraza Arenas, Meli Sameh, Sarah Cusworth Walker

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Following a 2024 County Council request, the Pierce County Performance Audit Committee contracted with the CoLab for Community and Behavioral Health Policy at the University of Washington to conduct an audit of the county’s juvenile justice system against national and research best practice. The assessment is intended to guide future county investments in preventing and responding to youth crime, particularly youth violence, and to inform current policy discussions around the need to invest significant county funds into a renovation or reenvisioning of the current Juvenile Justice Court and Detention Center (Remann Hall).

Comparing Conventional And Alternative Mechanisms Of Discovering And Accessing The Scientific Literature, William H. Walters

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This study compares the bibliographic and full-text coverage of 15 conventional and alternative discovery/access mechanisms: two multidisciplinary library databases (Scopus and the Web of Science Core Collection), five single-subject databases, the integrated library search (ILS) mechanism of Manhattan University, a scholarly search engine (Google Scholar), two web-based scholarly databases (Dimensions and OpenAlex), two academic social networks (Academia.edu and ResearchGate), and two pirate sites (Anna’s Archive and Sci-Hub). The analysis is based on known-item searches for 875 target documents in chemistry, materials science, cardiology, public health, economics, education, and psychology. Overall, Google Scholar, OpenAlex, and the ILS are the most comprehensive …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

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In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

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No abstract provided.

The Expungement Process: Survey Evidence On Applicant Experiences, Mira Edmonds, J.J. Prescott, Sonja Starr, German Marquez Alcala

Articles

Tens of millions of Americans with publicly accessible criminal convictions face significant collateral consequences that affect their employment, housing, and family life, which not only harm these individuals but also limit society’s access to their skills, productivity, and participation. In response, policymakers have enlarged the scope and enhanced the accessibility of criminal-record expungement laws. Little is known, however, about how individuals perceive, navigate, and take advantage of these new, broader laws. This Article presents findings from a large-scale survey of 1,439 expungement applicants and recipients in Detroit, conducted in partnership with Project Clean Slate (PCS), a city initiative assisting residents …

How Experts View The Legal System's Use Of Scientific Evidence, Shari Seidman Diamond, Richard Lempert

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Legal scholars and courts frequently write about how scientific evidence is vetted and presented in legal proceedings, but the views of experts themselves have received little attention. Our research aims to fill that gap. This paper reports some of what we learned from a series of surveys we conducted, beginning with a survey in 2016 of scientists who had been elected to membership in the American Academy of Arts and Sciences.3 Subsequent surveys were directed to subscribers of the journal Science who identified as scientists and engineers and to self-identified experts who advertised their availability as experts to lawyers or …

‘I Could Replicate The Situation Exactly The Same As I Do In Class’: Apprentice Lecturers Use Of A Learning Management System At An Irish University During And After Covid-19, Eleanor Attridge, Tom O'Mahony

Articles

While technology is playing a more critical role in learning, apprentice lecturers’ use of technology to support learning is under-researched. This qualitative study explores apprentice lecturers’ use and experience of a Learning Management System during and after COVID-19. Thematic analysis was used to make sense of the rich data, gathered using semi-structured interviews, from ten apprentice lecturers. The analysis revealed that technology use largely mirrored participants’ teacher-centric face-to-face methods. This approach did not sustain apprentice online engagement. Applying the theoretical framework, TPACK revealed that limited pedagogical expertise and, to a lesser extent, limited technological proficiency shaped participants’ approaches. Systemic constraints …

Harms, Relationships, And The Contours Of Liability For Emotional Distress, Steven Schaus

Articles

In Reasonableness and Risk, Greg Keating argues that the law of torts is “preoccupied” with harm—with safeguarding conditions of effective agency. In this comment, I ask whether Keating’s picture can make sense of the tort claims, like loss of consortium, that provide some measure of protection to relationships—and to marriage-like relationships, in particular. It would be awful if my life partner were seriously injured or killed—a serious setback to my interests—a harm by almost any measure. But in what sense would it impair my agency, as Keating’s account of harm seems to require? I explain the force of the question …

Memorable Whale Watching Tourism Experiences: Insights From The Azores, Erose Sthapit, Teresa Borges-Tiago, Muhammet Kesgin, Carlos Picanco, Brian Garrod

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This study examines the roles of learning, experience co-creation, and experiential satisfaction as antecedents of a memorable whale-watching tourism experience, as well as the relationships between experiential satisfaction, memorable whale-watching tourism experience, hedonic well-being, place attachment, and pro-environmental behavior. Using data collected from 247 tourists who had taken a whale-watching trip in the Azores, partial least squares structural equation modeling was then applied to the dataset. The results indicate that the higher the levels of learning, experience co-creation, and experiential satisfaction, the more memorable is the whale-watching tourism experience. Experiential satisfaction and memorable whale-watching tourism experience are, in turn, significant …

Winning The Battle, Losing The War: Rahimi, Women, And The Supreme Court, Dana Raigrodski

Articles

Domestic violence and DV-related firearm use are a grave and persistent issue in the United States and have an extensive harmful and deadly impact in the lives of many women. In its 2024 Rahimi decision, the United States Supreme Court held that, as applied to the facts of the case, 18 U.S.C. § 922(g)(8), which bans firearms possession by those subject to a DV protective order, is facially constitutional under the Second Amendment. The Court upheld § 922(g)(8) under Bruen’s “Nation’s historical tradition of firearm regulations” test, finding that founding era laws included provisions preventing individuals who threaten physical harm …

Negotiating Perceived Employability As Sensemaking In The Context Of Undergraduate Work Integrated Learning, Sylvia Dempsey, Carol Linehan, Margaret Healy

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As labour markets shift responsibility for navigating career transitions and employability from organisations to individuals, sensemaking around their own ‘perceived employability’ gains importance. Prior research suggests work integrated learning (WIL) experiences constitute a significant route to perceived employability for potential entrants to the accounting profession. The mechanisms through which this develops are less understood. Understanding of the impact of WIL on perceived employability, shaping individual career trajectories, augments efforts to attract new members to the profession. This study captures how representations of the world of professional accounting work are built, as entrants construct liminal places within that community. Through qualitative …

Integrating Standards For Infrastructure Improvement And Resilience In University Curricula, Lisa Greenwood, Jennifer Schneider, Sumita Mishra, Yewande S. Abraham, Shriram Karpoora Sundara Pandian

Articles

In today’s ever-changing world, we are increasingly vulnerable to shocks and stresses that disrupt industry and society. Persistent threats from natural and manmade hazards require our communities and infrastructure to be resilient despite possible disruption. Creating robust infrastructures is founded on operational and physical standards to withstand and respond to threats such as environmental exposures, climate change, and informational security breaches. The significant U.S. investment in infrastructure projects through the Infrastructure Investment and Jobs Act has amplified the need for professionals in engineering and related fields who – in addition to technical knowledge - possess the necessary knowledge and skill …

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

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This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Sport, Soft Disempowerment And The 1966 Fifa World Cup, Richard Woodward

Articles

Sport is increasingly acknowledged as a vital component of the United Kingdom’s arsenal of soft power assets. However, the UK’s attempts to wring soft power from sport have met with mixed success. Many of the UK’s experiences align with an embryonic literature suggesting that sport, as well as enabling the production of soft power, is simultaneously capable of eroding it, a phenomenon dubbed ‘soft disempowerment’. Drawing upon original archival documents, this article examines how the Foreign, Commonwealth and Development Office (FCDO) commandeered the 1966 World Cup and England’s victory in the competition in a doomed attempt to communicate positive messages …

Use And Benefits Of A Therapeutic Hypnosis Interactive Media Program For Chronic Pain Management: A Pilot Study, Mark P. Jensen, Joy F. Chan, Owen Gottlieb, Laurence I. Sugarman, Emily Stensland

Articles

Chronic pain is a common condition that has significant negative effects on individuals and society. Opioids continue to be the primary treatment provided to the billions of individuals with chronic pain, despite their general lack of efficacy and significant negative side effects. A growing body of research supports the potential of therapeutic hypnosis for helping individuals better manage their chronic pain. However, access to this treatment is limited. The availability of a hypnosis digital therapeutic has the potential to address this access problem. The current study was designed to evaluate the feasibility of a digital therapeutic hypnosis prototype (not yet …

Shadow Banking And Securities Law, Gabriel V. Rauterberg, Jeffery Yufeng Zhang

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Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation—aptly termed “shadow banks”—were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route—securities law. Our first contribution …

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

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In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Waste, Property, And Useless Things, Meredith Render

Articles

How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?

Approximately sixty million tons of electronic waste, or "e-waste" -for example, discarded iPhones, refrigerators, desktop computers -is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars' worth of tangible raw materials (such as gold and other scarce metals) that has been rendered useless. In addition to wasting raw materials, e-waste clogs our landfills, poisons the groundwater, and taxes our capacity to store it. Worst of all, much of this waste is intentionally created …

Quantifying The Role Of Active Listening And Reassurance In Virtual Health Coach Interactions, Ghulam Hussain, Brian Keegan, Robert Ross

Articles

Conversational Agents have the potential to support healthcare through coaching exercise routines, but are still lacking in demonstrating authentic social behaviours to support engagement. To this end, we present a series of experiments that we conducted in order to investigate how automated health care coaches can be more effective when their interaction style is tailored to demonstrate qualities associated with a good bedside manner, namely active listening and reassurance. To test this, we first developed a dataset of 135 dialogue excerpts from three distinct sources, i.e., original, handcrafted and LLMs, the latter two of which were tuned to demonstrate specific …

A Comparison Study Of Senior And Junior Deck Officers’ Interpretations Of The International Regulations For The Prevention Of Collisions At Sea, Ian Heffernan, Tom O'Mahony

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The International Regulations for the Prevention of Collisions at Sea (IRPCS) provide a comprehensive set of instructions for watchkeeping officers to follow and prevent collisions at sea. This study compares how six newly qualified deck officers and six Master Mariners, who were all trained at the same college, applied the IRPCS. Individual, semi-structured interviews were used to uncover how the 12 participants applied and interpreted the rules for three authentic scenarios. Phenomenography was used to capture the qualitatively different means by which participants interpreted the IRPCS. For basic collision avoidance situations, the results indicated little difference between the cohorts' ability …

Institutionalized Ostracism, Danieli Evans

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Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Gender Equality Plans In Research Organisations And Higher Education Institutions As A Catalyst For Transformative And Sustainable Change, Yvonne Galligan

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Gender Equality Plans (GEPs) play a pivotal role in shaping the European Union’s commitment to fostering sustainable structural change in Research organisations regarding gender equality. This article considers the dynamic evolution of the EU policy on GEPs, assesses the state of play with regards to GEPs following the requirements at EU level, and poses the question: What further can be done to deliver the transformative potential of GEPs, embed their sustainability and advance towards inclusiveness at greater speed? Drawing on the insights of feminist institutionalism, which highlights the relevance of informal practices as well as formal rules in shaping an …

Enhancing Professional Development For Third Space Roles: Reflections On The Added Value Of Learning Circles, Linde Moriau, Réka Matolay, Emma Mckenna, Andrea Toarniczky, Judit Gáspár, Márta Frigyik, Catherine Bates

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This paper explores how Learning Circles can support higher education staff in navigating the complexities of contemporary educational landscapes with greater confidence, creativity, and efficacy. It presents qualitative research rooted in the three-year Erasmus+ project CIRCLET, involving five European universities. Learning Circles were implemented as a core component of professional development programmes, aiming to foster quality integration of Community Engaged Research and Learning (CERL) in academic practice. Drawing on a collaborative autoethnographic research design, we reflected on our experiences as Learning Circle designers, facilitators, and participants to identify manifestations of professional growth emanating from our project activities. We build on …