Digital Commons Network^™

The Role Of Online Disinhibition On Social Media Users' Privacy Concerns And Behaviors, Lisa Thompson, Sinyong Choi

Faculty Articles

As social media platforms become central to digital interactions, concerns about both privacy and the disclosure of personal information have evolved. Online disinhibition—the psychological detachment users experience in digital spaces that distance their online behaviors from offline consequences—may shape perceptions of privacy risks, particularly on social media platforms like TikTok. This study examines the relationships between online disinhibition and users’ privacy concerns and protective behaviors while accounting for individuals’ sense of gratification, media awareness, identity, and experience. By exploring dimensions such as anonymity and invisibility, we investigate how these factors are linked to self-disclosure and diminished privacy caution. Findings from …

Assessing Rural Homelessness: A Mixed-Methods Case Study, Matthew J. Lyons

Faculty Articles

Rural homelessness represents a significant public health and human rights challenge, but research on homelessness in the United States has predominantly focused on urban settings. This case study describes a mixed-methods assessment of the prevalence, causes, and consequences of homelessness in a rural county. Through both surveys and interviews with stakeholders from multiple sectors (including both service providers and those experiencing homelessness), we built a rich picture of the scale and experiential dimensions of homelessness within the county. Here, we present our research methods, the main findings of each primary data collection arm, and the actionable conclusions drawn from the …

Reclaiming Constitutional Authority Of Algorithmic Power, Yiyang Mei, Michael J. Broyde

Faculty Articles

Whether and how to govern AI is no longer a question of technical regulation. It is a question of constitutional authority. Across jurisdictions, algorithmic systems now perform functions once reserved to public institutions: allocating welfare, determining legal status, mediating access to housing, employment, and healthcare. These are not merely administrative operations. They are acts of rule. Yet the dominant models of AI governance fail to confront this reality. The European approach centers on rights-based oversight, presenting its regulatory framework as a principled defense of human dignity. The American model relies on decentralized experimentation, treating fragmentation as a proxy for democratic …

Species Of State Constitutional Lockstepping, Michael L. Smith

Faculty Articles

When interpreting state constitutional provisions, state courts frequently take a "lockstep" approach by adopting the United States Supreme Court's interpretation of analogous federal constitutional provisions. Critics often portray lockstep interpretation as misguided and have identified varieties of lockstepping, including unreflective, reflective, prospective, and methodological lockstep interpretation. This Article contributes to these discussions by identifying several additional forms of lockstep interpretation that have thus far gone undiscussed: lazy, mandatory, atextual, and sticky lockstepping.

Several of these variations highlight distinct failures of state courts to independently interpret state constitutions. This includes lazy lockstepping, where state courts tend to engage in repeated, thoughtless …

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …

Black Men And Health Literacy: Strategies For Improvement In A Digital Age Through The Adaptation Of A Chronic Disease Self-Management Program, Evelina Weidman Sterling, Laura Stevens, Vanessa Robinson-Dooley, Tyler Collette

Faculty Articles

Health literacy is a critical determinant of health outcomes, yet it is often overlooked, particularly among marginalized groups. This paper explores the significance of health literacy, with a particular focus on low-income African American and Black (AA/B) men, a population that faces unique challenges due to intersecting factors such as race, gender, socioeconomic status, and educational disparities. We examine how these factors contribute to health literacy gaps, highlighting adverse effects on health outcomes for AA/B men compared to the general population. Additionally, we stress the growing importance of digital literacy in an increasingly technology-driven world. Not actively addressing digital health …

Within-Day Diversity Change, Neighborhood Social Cohesion And Fear Of Crime, Chris Hess, Youngmin Yi, Gregory Sharp, Matt Hall

Faculty Articles

Research on neighborhood social organization and crime typically conceptualizes neighborhood change on the order of decades, even though the local social contexts that individuals experience change daily through mobility for work, errands and recreation. In this study, the authors analyze data from the Seattle Neighborhoods and Crime Survey linked to the Census Transportation Planning Products to investigate whether within-day changes in neighborhood diversity are associated with an individual’s social cohesion and fear of crime. The authors find that individuals living in neighborhoods where diversity increases during the daytime tend to report more social cohesion and relatively less fear of crime. …

Workarounds In American Public Law, Daniel A. Farber, Jonathan S. Gould, Matthew C. Stephenson

Faculty Articles

A workaround is a maneuver that seems, on its face, consistent with the formal rules, but that employs those rules in an unanticipated way to circumvent a legal obstacle. Though some workarounds are tolerated or even celebrated, workarounds (and proposed workarounds) often provoke instinctive skepticism or hostility. When, if ever, is such skepticism justified? Do workarounds raise distinctive legal or public policy concerns? This Article seeks to provide a systematic normative assessment of workarounds in American public law. We argue, first, that from a general public interest perspective, the desirability of a workaround depends primarily on the desirability of the …

The Uniform Code Of Military Justice At 75: Reflections On The Transformation Of The American Military Justice System, David A. Schlueter

Faculty Articles

The Eighteenth George S. Prugh Lecture in Military Legal History by Professor David A. Schlueter: The Uniform Code of Military Justice at 75: Reflections on the Transformation of the American Military Justice System

Legislatures And Localized Resentencing, Ronald F. Wright, Kay L. Levine

Faculty Articles

Recent legislation, exemplified in statutes from California and Washington, creates new methods for resentencing defendants in old cases. These laws place controlling authority for resentencing in the hands of local officials, especially local prosecutors, and invite variation at the county level.

While some new procedural channels for reducing the sentences of people convicted of past crimes are mandatory, in that they entitle certain defendants to resentencing if they were convicted of certain crimes or were subject to certain penalty enhancements that are no longer valid, other statutes create discretionary resentencing channels. In the discretionary channels, the chief local prosecutor has …

Searching For A Big Score: Analyzing Drug Yield From Search Warrant Executions, Elizabeth Griffiths, Walter Campbell, Kay L. Levine, Joshua C. Hinkle

Faculty Articles

In this study, we investigated the extent to which law enforcement efforts predicted drug and other kinds of illicit yield in search warrant executions. The data are drawn from one major metropolitan police department during 2005, 2009, and 2012. Using multilevel random intercept logistic regression models and multilevel random intercept multinomial logistic regression models, we regress high yields of various kinds of drugs and other illicit items seized during searches on the investigative activities that led to search warrant applications and the enlistment of teams of officers or other agencies in executing the search. Investments in high-effort search warrant work …

Defederalizing Opioid Addiction Care, Matthew B. Lawrence

Faculty Articles

Lack of access to evidence-based care for drug addiction is an urgent problem amid a decades-long overdose crisis that kills tens of thousands of Americans a year. Opioid addiction is the primary driver of overdoses today, and medicines exist to treat such addiction that can dramatically improve quality of life while reducing the risk of deadly overdose by more than half. Yet fewer than one in four of the nine million Americans who need such evidence-based medical care for their addiction receive it. Chief among barriers to access are restrictive and burdensome federal requirements limiting the use of narcotic medications …

An Empirical Exploration Of A Jury Veto, Stephen E. Henderson, Vanessa A. Edkins, Matthew L. Jensen

Faculty Articles

Among the many contemporary dissatisfactions with American criminal justice are longstanding concerns relating to the scarcity of jury trials and the resulting lack of democratic oversight and control in the adjudicative process. A novel solution has recently been proposed in the form of a ‘jury veto’: perhaps a jury could be empaneled, prototypically if not exclusively by defense request, that would be empowered to select between the judicially-imposed sentence and a prosecutorial and defense alternative. We conduct the first empirical exploration of such a structure and find reason to believe it could lessen the disconnect between the American framing vision …

Zorro: Everyperson's Moral Vigilante, Stephen E. Henderson

Faculty Articles

Zorro (Amazon 2024) is hundreds of years in the making—from medieval ballads of Robin Hood; to the fiction of Alexandre Dumas, Baroness Orczy, and the legend of Mexican bandits; to the Johnston McCulley 1919 original; to comics like Daredevil and Batman; to scores of Zorro derivatives from the minds of McCulley, Walt Disney, and many others. At this point, it would be impossible to identify and duly credit the countless inspirations that together form this early-California vigilante. But such rich heritage might provide something more than literature and entertainment: if there is an everyperson’s conception of a moral vigilante, Zorro …

Can States Force Ice To Take Off The Masks?, Noah C. Chauvin

Faculty Articles

No. But that does not mean they are entirely powerless to combat the practice.

In Defense Of Pardons, Stephen E. Henderson

Faculty Articles

Pardons by the past two U.S. presidents—one Democratic and one Republican—have caused some to question the wisdom of executive clemency. American criminal justice is imperfect, such critics of course recognize, but here the cure might be worse than the disease. If pardons have become the playthings of would-be monarchs and tyrants, perhaps it is time to let them go. As a strong proponent of role-reversible criminal justice, I am sympathetic to this view—even in mercy, why is the decision of the single elite supplanting the will of the people? Still, I write in pardons’ defense. Not only are pardons an …

Indigenous Communities Suffer Multigenerational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

Faculty Articles

Trafficking and slavery have probably existed as long as humanity has existed. Despite efforts on many fronts, it will likely not be eradicated in our lifetimes. Bondage and abuse impose unthinkable suffering upon the immediate victims caught in the clutches of trafficking. Yet Native people and communities suffer unique, multi-generational, and almost permanent trauma, often referred to as susto. Our domestic law and policies have even resulted in the extinguishing of the formal legal Indian identity of Native victims and the destruction of their tribal connections. There is hope that the application of traditional prayer and ceremonies can provide some …

Covid For One: Identifying Obstacles To Self-Management Of Covid-19 For Single Adults, Linda A. Treiber, Christie Emerson, Jenna Shackleford

Faculty Articles

Given the complexities of healthcare provision, it is imperative to understand how single adults experience their interactions with medical professionals and health care organizations, manage care and treatment, and navigate the barriers encountered. This study’s purpose is to understand physical and mental health experiences in consideration of social determinants of health, barriers, and coping strategies for single adults diagnosed with COVID-19. An interpretive phenomenology study design was used with 12 individuals who were single and living alone during the COVID-19 pandemic. Semi-structured, open-ended interviews revealed important aspects of the COVID-19 illness experience. Interviews were transcribed for coding and thematic analysis. …

Moral Panic And The First Amendment, Michael L. Smith

Faculty Articles

Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics contend that speech itself causes harm and chills counter-speech effectively excluding marginalized groups, including women and LGBTQ people, from discourse altogether. These critics support limitations on robust free speech doctrine targeting speech that harms marginalized communities.

This Article identifies a significant wrinkle in this narrative: …

Arbitrary And Capricious X Artificial Intelligence, Zoe Niesel

Faculty Articles

The "arbitrary and capricious" review standard has been interpreted to govern the judicial review of agency factual findings that are produced through informal rulemaking or informal adjudication. In contrast, agency factual findings that are produced through formal rulemaking or adjudication will be reviewed under the Administrative Procedure Act, Section 706(2)(E), which states that such findings can be set aside if they are "unsupported by substantial evidence." While the standards technically vary-factual findings that are the product of informal procedures will warrant arbitrary and capricious review, while factual findings that are the product of formal procedures will warrant substantial evidence review …

A New Approach To Attorney Regulation, Jon J. Lee

Faculty Articles

For more than half a century, jurisdictions have relied on threats of disciplinary sanctions—sticks—to try to coerce attorneys to act in an ethical manner. In doing so, they have focused their efforts on establishing minimum standards of practice and sanctioning only those attorneys who fall well short of them. By crafting general rules that apply to all attorneys, however, jurisdictions have ignored the considerable differences that attorneys face as a result of their practice settings, years of experience, or individual identities. Furthermore, jurisdictions have struggled to establish clear standards to guide attorneys regarding their obligations—precisely because the settings in which …

The Difference A Da Makes, Victoria M. Smiegocki, Shem Vinton, Pamela R. Metzger

Faculty Articles

During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and quantitative data, the authors describe police enforcement changes associated with the Dallas County District Attorney's Office's (DAO) marijuana prosecution policies. The authors also explore how the

DAO's Intake Unit successfully implemented and enforced these marijuana prosecution policies.

The authors show that DA Creuzot's policies were associated with a significant decrease in marijuana misdemeanor arrests and an …

Artificial Intelligence (Ai) In Patent Practice: No Patent Attorneys Were Harmed In The Making Of This Ai Revolution (Book), Roberto Rosas, Juan Vasquez, Dianisa Erica Sosa, Francisco Javier Hernandez-Rodriguez, Daniel Kovach

Faculty Articles

This book provides a comprehensive examination of the rapidly evolving role of artificial intelligence (AI) in the patent law profession. Rather than a traditional legal text, this work offers an in-depth exploration of the profound impacts AI will have on patent attorneys' workflows and practices.

The central inquiry posies whether AI will ultimately replace patent attorneys or serve as a powerful complementary technology. This study contends that AI is poised to become an indispensable tool that augments and enhances the patent attorney's capabilities rather than renders them obsolete. Through detailed analysis of a patent attorney's typical workweek utilizing AI assistance, …

A Republic Of Spending, Jonathan S. Gould

Faculty Articles

Large-scale spending measures make up many of Congress’s most important recent contributions to national policymaking. Congress has appropriated trillions of dollars to respond to emergencies, fight climate change, expand social safety net programs, spur technological innovation, and strengthen national infrastructure. While the contemporary Congress’s failure to enact landmark regulatory statutes causes many to characterize it as dysfunctional, Congress in fact remains quite active—its policymaking energy is simply concentrated in the spending domain. Congress’s use of spending rather than regulatory legislation as its primary way of shaping national policy marks a significant shift in American governance. This Article examines the causes …

The Unconstitutional Conditions Vacuum In Criminal Procedure, Kay L. Levine, Jonathan R. Nash, Robert A. Schapiro

Faculty Articles

For more than a century, the Supreme Court has applied the unconstitutional conditions doctrine in many contexts, scrutinizing government efforts to condition the tradeoff of rights for benefits with regard to speech, funding, and takings, among others. The Court has declined, however, to invoke the doctrine in the area of criminal procedure, where people accused of crime are often asked to—and often do—surrender their constitutional rights under the Fourth, Fifth, and Sixth Amendments in return for some benefit. Despite its insistence that the unconstitutional conditions doctrine applies broadly across the Bill of Rights, the Court’s jurisprudence demonstrates that the doctrine …

Pyrrhic Victories: The Mirage Of Winning At The Supreme Court, Tonja Jacobi, Clare G. Willis

Faculty Articles

We conduct in-depth archival research of landmark constitutional criminal procedure cases and find two ways in which the declarations of the vindication of rights they contain are misleading. First, most defendants who successfully establish police violations of their constitutional rights before the highest court in the land nonetheless remain in prison for years or decades subsequently. The multitude of ways in which the state can convict the individual defendant even in the face of one or more constitutional violations means that the Supreme Court precedents that bear their names seldom translate to genuine wins for the defendants. Second, there are …

Operationalizing Power In Health Law: The Hospital Abolition Hypothesis, Matthew B. Lawrence

Faculty Articles

This symposium Article describes how prison abolitionist arguments also support the hypothesis that a defining goal of health law should be the abolition of hospitals. Like prison abolitionism, the hospital abolition hypothesis can provide a constructive way to shift the focus of legal analysis from substantive dimensions (in health law — cost, quality, access, and equity) to the dimension of power.

Law In Inaction: The Origins And Implications Of Chronic Drug Law Underenforcement In One Southern County, Kay L. Levine, Elizabeth Griffiths, Joshua M. Hinkle, Volkan Topalli

Faculty Articles

Common accounts of police and prosecutorial nonenforcement discretion tend to valorize individual declination choices as demonstrations of mercy and resource constraint. Simultaneously, these accounts critique blanket nonenforcement policies as being outside the bounds of executive authority. Both accounts fail to consider the origins and implications of nonenforcement decisions made by police officers and prosecutors in individual cases that, when taken together, amount to significant underenforcement of an otherwise valid law.

This Article fills the gap between these differing perspectives by empirically examining the hidden and habitual underenforcement of technically valid drug-free-zone (DFZ) laws in one Southern county. Data matching the …

The Past As A Colonialist Resource, Deepa Das Acevedo

Faculty Articles

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …

Cultivating Attentiveness To Law In India Through Legal Anthropology, Deepa Das Acevedo, Jahnavi Chamarthi

Faculty Articles

This Article reviews and analyses scholarship at the intersection of anthropology and law. The first half of the Article provides context for understanding the boundaries, animating concerns, and tensions that have characterised the anthropology of law as an area of interdisciplinary inquiry. We focus especially on the subdiscipline’s Anglo-American history and show how a promising early period of engagement dissipated as both anthropologists and legal scholars lost enthusiasm for each others’ insights and methods. Then, we expand our analysis outward. Because legal anthropology belongs within, and is increasingly attentive to, the broader field of law and society scholarship, we explore …