Digital Commons Network^™

The Fraternity Of Legal Style, Alexa Z. Chew

Faculty Publications

This article reports the findings of an empirical study of writing experts mentioned in popular legal style books. The study shows that these experts are overwhelmingly men. This study complements the many other studies showing that gender and racial bias exists throughout the legal profession, but it focuses on one area that has not yet been examined: bias in books that give writing advice to lawyers. I call these books “legal style books.” The area of legal writing advice books is admittedly niche. However, it is worth studying because writing is central to lawyering.

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Faculty Publications

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

Contracting As A Class, Caleb N. Griffin

Faculty Publications

Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds,” are today laughably implausible. Its values, like “consent,” have been stripped of any real meaning. No one reads or understands the overwhelming majority of contracts to which they agree. And no one should. Reading them is meaningless, because it simply does not matter what they say. Individuals must agree to them— indeed, are effectively forced to agree to them—if they wish to participate in the modern world.

Modern digital contracting is not a collaborative process. Today, most “contracting” involves …

Pitfalls Of Progressive Prosecution, Carissa Byrne Hessick

Faculty Publications

This Essay examines the political vulnerabilities facing the progressive prosecution movement, arguing that two core features of its public brand—emphasizing a fundamental break from traditional prosecution and pledging to “do less” by shrinking the criminal justice footprint—have inadvertently exposed reform‑oriented prosecutors to intensified backlash. Drawing on recent examples, the Essay shows how framing progressive prosecution as radically different obscures the long-standing prosecutorial tools these offices still rely on, enabling critics to portray routine exercises of discretion as unprecedented or dangerous. It further explains how decarceral commitments make progressive prosecutors easy targets when crime or disorder rises, both because voters may …

What Ever Happened To The Africa In African Human Rights, Thomas Kelley

Faculty Publications

In the late 1970s, the Organization of African Unity (“OAU”) committed to drafting and adopting a human rights instrument that would uphold African values and traditions—those aspects of African culture that were unique and praiseworthy and, in the opinion of many African leaders, superior to those of Europe. The resulting document, the African Charter on Human and Peoples’ Rights (“the African Charter” or “the Charter”), included numerous provisions intended to do just that. However, in the decades following the African Charter’s adoption, African lawyers, judges, and tribunals produced little jurisprudence applying and further defining those uniquely African values and traditions. …

The Prosecutor Lobby, Carissa Byrne Hessick, Ronald F. Wright, Jessica Pishko

Faculty Publications

Prosecutors shape the use of the criminal law at many points during criminal proceedings but there is an earlier point in the process where prosecutors have influence: during the legislative process. The conventional wisdom in legal scholarship is that prosecutors are powerful and successful lobbyists who routinely support laws that make the criminal law more punitive and oppose criminal justice reform. In this Article, we test that narrative with an empirical assessment of prosecutor lobbying in America. Using an original dataset of four years of legislative activity from all fifty states, we analyze how frequently prosecutors lobbied, the issues on …

Automated Agencies, Joshua D. Blank, Leigh Osofsky

Faculty Publications

This article presents the first comprehensive study of how federal agencies use automated legal guidance tools—such as chatbots, virtual assistants, and decision-tree systems—to explain complex law to the public. The authors show that while automation offers administrative efficiency and wider reach, it often simplifies or distorts underlying legal rules. Through detailed analysis of agency tools and ten semi-structured interviews with officials, the article demonstrates that automated systems can portray unsettled or complex law as clear, omit exceptions, and answer too narrowly, thereby influencing user behavior in ways agencies neither fully appreciate nor monitor.

The study further finds that agencies lack …

The Nightmare Of Dream Advertising, Dustin Marlan

Faculty Publications

Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …

Physicians Spreading Medical Misinformation: The Uneasy Case For Regulation, Richard S. Saver

Faculty Publications

Physicians have played a surprisingly prominent role in the current “infodemic” of false and misleading medical claims. Yet, state medical boards, the governmental agencies responsible for professional licensure and oversight, have sanctioned remarkably few physicians. Pushing back against the widespread criticism of medical boards for insufficient action, this Article questions the overall suitability of licensure regulation to police medical misinformation. First, uncertainty exists about medical boards’ jurisdiction and legal authority. Many misinformation claims have involved physicians communicating publicly, not while treating patients. Given the primarily patient-centered legal and ethical frameworks governing the practice of medicine, serious challenges arise in making …

A Tree-Ring Record Of Historical Fire Activity In A Piedmont Longleaf Pine (Pinus Palustris Mill.) Woodland In North Carolina, Usa, Monica T. Rother, Thomas W. Patterson, Paul A. Knapp, Tyler J. Mitchell, Nell Allen

Faculty Publications

CO₂ capture from industrial point source waste streams represents an important need for achieving the global goal of carbon-neutrality. Compared with conventional liquid sorbents, solid sorbents can exhibit several distinct advantages, including enhanced lifetime and reduced energy consumption for sorbent regeneration. Considering that reducing CO₂ emission is a great challenge, reaching approximately 37 billion metric tons just in 2021, ideal sorbent solutions should not only exhibit a high capture performance but also enable large scale manufacturing using low-cost precursors and simple processes. In this work, we demonstrate the use of a commodity polymer, polystyrene-block-polyisoprene-block-polystyrene …

Editorial: Sustainability Of Physical Activity Interventions And Public Health, Erica Y. Lau, Maureen C. Ashe, Sharon E. Taverno, Russell R. Pate Ph.D.

Faculty Publications

No abstract provided.

Women's Power In Hospital-Based Nursing: A Critical Qualitative Study, Kaitlyn C. George, Bret Lyman, Andy Pilarte Alcantara, Maya Stephenson

Faculty Publications

Aim: To understand the factors that affect power in hospital-based nursing and reveal how the female gender affects an individual's ability to feel empowered.

Design: Critical qualitative research design.

Method: Semi-structured interviews were conducted with nurses working in inpatient hospital settings in Utah and New Mexico. Data were collected from February to March 2022. Interviews were analysed using thematic analysis.

Results: Sixteen participants were interviewed. Six themes were identified from the data, four of which related to nurses' power at work, and two of which specifically related to how gender affects a nurse's ability to use power and feel empowered. …

Association Of Chronic Kidney Disease With Prior Tinnitus: A Case-Control Study, Shih-Han Hung, Sudha Xirasagar Mbbs., Ph.D., Yen-Fu Cheng, Nai-Wen Kuo, Herng-Ching Lin

Faculty Publications

This population-based, case-control study aims to explore the relationship between prior tinnitus and the occurrence of chronic kidney disease (CKD) using a nationwide, population-based cohort study. We used data from the Taiwan National Health Insurance Research Database to explore the association of CKD with tinnitus. We identified 15,314 patients aged >= 40 years old with a first-time diagnosis of CKD as the cases. We used propensity-scored matching to select 45,942 controls (1:3 ratio). We performed multivariate logistic regression to estimate the odds ratio (OR) of a prior tinnitus diagnosis among the CKD group vs. the control group. Analysis showed that …

James White Library Celebrates 85th Anniversary, Margaret Adeogun

Faculty Publications

No abstract provided.

Changing Season: Changing Times, Andrea Luxton

Faculty Publications

No abstract provided.

Brief Communication: The Hidden Labyrinth: Deep Groundwater In Wright Valley, Antarctica, Hilary A. Dugan, Peter T. Doran, Denys Grombacher, Esben Auken, Thue Bording, Nikolaj Foged, Neil Foley, Jill Mikucki, Ross A. Virginia, Slawek Tulaczyk

Faculty Publications

Since the 1960s, a deep groundwater system in Wright Valley, Antarctica, has been the hypothesized source of brines to hypersaline Don Juan Pond and Lake Vanda, both of which are rich in calcium and chloride. Modeling studies do not support other possible mechanisms, such as evaporative processes, that could have led to the current suite of ions present in both waterbodies. In 2011 and 2018, an airborne electromagnetic survey was flown over Wright Valley to map subsurface resistivity (down to 600 m) in exploration of liquid water. The surveys revealed widespread unfrozen brine in the subsurface near Lake Vanda, Don …

Few-Shot Specific Emitter Identification Via Deep Metric Ensemble Learning, Yu Wang, Guan Gui, Yun Lin, Hsiao Chun Wu, Chau Yuen, Fumiyuki Adachi

Faculty Publications

Specific emitter identification (SEI) is a highly potential technology for physical-layer authentication that is one of the most critical supplements for the upper-layer authentication. SEI is based on radio frequency (RF) features from circuit difference, rather than cryptography. These features are inherent characteristics of hardware circuits, which are difficult to counterfeit. Recently, various deep learning (DL)-based conventional SEI methods have been proposed, and achieved advanced performances. However, these methods are proposed for close-set scenarios with massive RF signal samples for training, and they generally have poor performance under the condition of limited training samples. Thus, we focus on few-shot SEI …

Holistic Community: The Key To Real-Life Discipleship, Petr Činčala

Faculty Publications

The word “discipleship” carries different meanings depending on the context in which it is used. Holistic community provides a natural environment in which people can learn cognitively, emotionally, and behaviorally. In this way, discipling in the context of community (small groups) enhances and strengthens behaving and believing, as well as belonging. Additionally, a deeper understanding of the three-fold revelation of God (i.e., the Triune God, who is by nature a communal, relational God) helps us better understand how holistic small groups foster the growth and support of believers, encouraging them to bring others into God’s family. The way the members …

Coaches Supporting Teachers Reluctant To Implement Intervention Instruction: The Role Of Reflection, Elizabeth Cutrer, Erica E. Miller

Faculty Publications

No abstract provided.

Resilience Monitoring For Multi-Filter All-Source Navigation Framework With Assurance, Jonathon S. Gipson, Robert C. Leishman

Faculty Publications

The Autonomous and Resilient Management of All-source Sensors (ARMAS) framework monitors residual-space test statistics across unique sensor-exclusion banks of filters (known as subfilters) to provide a resilient, fault-resistant all-source navigation architecture with assurance. A critical assumption of this architecture, demonstrated in this paper, is fully overlapping state observability across all subfilters. All-source sensors, particularly those that only provide partial state information (altimeters, TDoA, AOB, etc.), do not intrinsically meet this requirement. This paper presents a novel method to monitor real-time overlapping position state observability and introduces an observability bank within the ARMAS framework, known as stable observability monitoring (SOM). SOM …

Schoolhouse Rock! Rules: Orthodoxies And Unorthodoxies In Congressional Procedure, John Cannan

Faculty Publications

Is the Schoolhouse Rock! cartoon version of the conventional legislative process really dead? According to some legal academics, traditional Congressional procedures, documented in the cartoon I’m Just a Bill, have been replaced by unorthodox lawmaking—frequent and significant procedural legislative deviations. In actuality, the iconic cartoon and the traditional process are not ready for the grave just yet.

This paper documents the many nuances in orthodox and unorthodox lawmaking by reviewing over 1,500 laws passed between the 111th to116th Congresses and the information sources produced for each to evaluate how pervasive unorthodox law-making really is. The results show the true balance …

Ministerial Decision On The Trips Agreement (Wto), Ana Santos Rutschman

Faculty Publications

No abstract provided.

Bioenergy Crops As A Promising Alternative To Fossil Fuels In Louisiana: A Geographic Information System (Gis) Perspective, Yaw A. Twumasi, Zhu H. Ning, John B. Namwamba, Abena B. Asare-Ansah, Edmund C. Merem, Harriet B. Yeboah, Judith Oppong, Matilda Anokye, Diana B. Frimpong, Priscilla M. Loh, Julia Atayi, Rechael N.D. Armah, Caroline Y. Apraku, Opeyemi I. Oladigbolu, Cynthia C. Ogbu, Leah W. Njeri, Joyce Mcclendon-Peralta

Faculty Publications

Rising greenhouse gas emissions are causing climate change, and the world’s focus has shifted to the need to reduce our reliance on fossil fuels. There has been a rise in the published literature on the utilization of crops for bioenergy production in Louisiana. However, very few scholarly documents have used Geographic Information Systems (GIS) to map the distribution of potential bioenergy crops in Louisiana. This study seeks to fill the void by evaluating the potential of bioenergy crops in Louisiana for energy production using GIS. Given this objective, the agricultural census data for 1999, 2009, 2019, and 2020 obtained from …

Covid-19 Mitigation Strategies: A Natural Experiment Highlighting The Importance Of Structure In The Prevention And Treatment Of Childhood Obesity, Keith Brazendale, Michael Beets, Robert Weaver Med, Phd, Bridget Armstrong, Ethan T. Hunt

Faculty Publications

Societal restrictions due to the Coronavirus Disease 2019 (COVID-19), such as the closure of schools, childcare centers, and community programs, were implemented to prevent the spread of the disease and to protect the health and well-being of the population. These mitigation efforts drastically interrupted the day-to-day environments of children and adolescents and influenced how they spent the majority of their waking hours. Evidence shows on days when children and adolescents are in “structured” settings, such as school or other extracurricular programs or day camps, their obesogenic behaviors (i.e., sleep, physical activity, diet, and screen/media time) are more favorable than on …

What Does It Mean To Take Online Classes As An International Student During Covid-19?, Katie K. Koo, Mei Jiang

Faculty Publications

Using the Theory of Social Support and the Community of Inquiry as theoretical frameworks, this qualitative study explored international students’ experiences, challenges, and perceptions of online learning environments during the COVID-19 pandemic in the United States. By conducting three virtual focus group interviews with 18 international students, we identified four key themes that encapsulate participants’ challenges and experiences of online learning: social isolation in online learning spaces, difficulties with engaging in online class discussions and activities, limited opportunities for improving English proficiency in the online setting and limited academic support from faculty and advisors. Implications for research and practice to …

Leaf Habit Affects The Distribution Of Drought Sensitivity But Not Water Transport Efficiency In The Tropics, German Vargas G., Norbert Kunert, William M. Hammond, Z. Carter Berry, Leland K. Werden, Chris M. Smith-Martin, Brett T. Wolfe, Laura Toro, Ariadna Mondragón-Botero, Jesús N. Pinto-Ledezma, Naomi B. Schwartz, María Uriarte, Lawren Sack, Kristina J. Anderson-Teixeira, Jennifer S. Powers

Faculty Publications

Considering the global intensification of aridity in tropical biomes due to climate change, we need to understand what shapes the distribution of drought sensitivity in tropical plants. We conducted a pantropical data synthesis representing 1117 species to test whether xylem-specific hydraulic conductivity (KS), water potential at leaf turgor loss (ΨTLP) and water potential at 50% loss of KS (ΨP50) varied along climate gradients. The ΨTLP and ΨP50 increased with climatic moisture only for evergreen species, but KS did not. Species with high ΨTLP and ΨP50 values were associated with both dry and wet environments. However, drought-deciduous species showed high ΨTLP …

Social Inequalities In Climate Change-Attributed Impacts Of Hurricane Harvey, Kevin T. Smiley, Ilan Noy, Michael F. Wehner, Dave Frame, Christopher C. Sampson, Oliver E.J. Wing

Faculty Publications

Climate change is already increasing the severity of extreme weather events such as with rainfall during hurricanes. But little research to date investigates if, and to what extent, there are social inequalities in climate change-attributed extreme weather event impacts. Here, we use climate change attribution science paired with hydrological flood models to estimate climate change-attributed flood depths and damages during Hurricane Harvey in Harris County, Texas. Using detailed land-parcel and census tract socio-economic data, we then describe the socio-spatial characteristics associated with these climate change-induced impacts. We show that 30 to 50% of the flooded properties would not have flooded …

Uterine Lumen Fluid Is Metabolically Semi-Autonomous, Constantine A. Simintiras, Jessica N. Drum, Hongyu Liu, M. Sofia Ortega, Thomas E. Spencer

Faculty Publications

Uterine lumen fluid (ULF) is central to successful pregnancy establishment and maintenance, and impacts offspring wellbeing into adulthood. The current dogma is that ULF composition is primarily governed by endometrial glandular epithelial cell secretions and influenced by progesterone. To investigate the hypothesis that ULF is metabolically semi-autonomous, ULF was obtained from cyclic heifers, and aliquots incubated for various durations prior to analysis by untargeted semi-quantitative metabolomic profiling. Metabolite flux was observed in these ULF isolates, supporting the idea that the biochemical makeup of ULF is semi-autonomously dynamic due to enzyme activities. Subsequent integrative analyses of these, and existing, data predict …

Non-Destructive Quality Evaluation Of Tropical Fruit (Mango And Mangosteen) Purée Using Near-Infrared Spectroscopy Combined With Partial Least Squares Regression, Pimpen Pornchaloempong, Sneha Sharma, Thitima Phanomsophon, Kraisuwit Srisawat, Wasan Inta, Panmanas Sirisomboon, Witoon Prinyawiwatkul, Natrapee Nakawajana, Ravipat Lapcharoensuk, Sontisuk Teerachaichayut

Faculty Publications

Mango and mangosteen are commercially important tropical fruits with a short shelf life. Fruit processing is one of the alternatives to extend the shelf life of these fruits. Purée is one of the processed products of fresh fruit. In this research, the quality of mango and mangosteen purée was analyzed. Titratable acidity (TA) and total soluble solids (TSS) were predicted using non-destructive near-infrared (NIR) spectroscopy. A partial least squares regression (PLSR) model was developed based on the NIR spectra with a wavelength ranging from 800 to 2500 nm. The PLSR model returned a coefficient of determination (r2) and a ratio …

Improving Customer Satisfaction For Smes In Emerging Countries: A Comparative Study Of Hungary And Indonesia, Santi Setyaningsih, Peter Kelle

Faculty Publications

Improving Customer Satisfaction (CS) is a key strategical goal for companies, especially for Small and Medium-Sized Enterprises (SMEs). The objective of this research is to find and rank the major factors supporting CS. We focus on SMEs in two emerging markets located in two countries with different geographical and supply chain environments. We test a conceptual framework that includes several factors supporting CS. The data were collected from Hungarian and Indonesian SMEs by online questionnaire. We used statistical analysis such as Exploratory Factor Analysis (EFA), Confirmatory Factor Analysis (CFA), and Structural Equation Model (SEM) to test our model and hypothesis. …