Digital Commons Network^™

Finding And Using Federal Information Relevant To People With Disabilities, Isabella Folmar, Blake Robinson

Faculty Publications

No abstract provided.

Federal Bureaucratic Studies, Jesse M. Cross

Faculty Publications

A vast literature has developed in legal scholarship on the topic of bureaucratic governance. To date, this literature has focused squarely on the executive branch. Yet a second bureaucracy also exists in the federal government: the congressional bureaucracy. Recent legislation scholarship has brought this bureaucracy into focus—documenting its traits, practices, and culture. In so doing, it has created a rich new opportunity for cross-disciplinary dialogue—one where executive-branch studies and legislative studies collaborate toward a larger understanding of how bureaucracy operates, and can operate, in a presidentialist system.

To begin that cross-disciplinary conversation, this Article turns to five themes in the …

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Faculty Publications

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies. Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

The Patient's Voice: Legal Implications Of Patient-Reported Outcome Measures, Sharona Hoffman, Andy Podgurski

Faculty Publications

In recent years, the medical community has paid increasing attention to patients' own assessments of their health status. Even regulatory agencies, such as the Food and Drug Administration and the Centers for Medicare and Medicaid Services, are now interested in patient self-reports. The legal implications of this shift, however, have received little attention. This Article begins to fill that gap. It introduces to the legal literature a discussion that has been ongoing in the health care field.

Patient-reported outcome measures (PROMs) are reports of patients’ symptoms, treatment outcomes, and health status that are documented directly by patients, typically through electronic …

Escaping Arbitration And Class Action Waivers For Harassment Because Of Pregnancy, Sexual Orientation Or Gender Identity, Sandra F. Sperino

Faculty Publications

In 2022, Congress amended the Federal Arbitration Act (FAA) through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This amendment is being abbreviated to a rather clumsy acronym: EFASASHA. EFASASHA allows a person alleging sexual harassment or sexual assault to invalidate certain arbitration agreements and joint-action waivers. Congress passed the Act in response to testimony in which workers alleged that serial sexual harassment and assault continued because workers' claims were forced into private arbitration and could not be publicly adjudicated.

This Essay argues that the language that Congress used in EFASASHA is much broader than its title …

Sociophonetics And Dialectology, Dominic Watt, Margaret E. L. Renwick, Joseph A. Stanley

Faculty Publications

In this chapter we explore how the investigation of phonetic detail in speech seen through a sociolinguistic lens can inform and enhance our understanding of dialectal variation in languages. We begin by examining how sociophonetics can be considered an offshoot of dialectology, later to mature into a free- standing discipline during the late twentieth century. We next discuss the reconvergence of sociophonetics and dialectology as it became clearer that the two approaches to the study of language variation are, in combination, greater than the sum of their parts, even if their agendas may place different emphases on what should be …

The Association Of Childhood Maltreatment With Internet Addiction: The Serial Mediating Effects Of Cognitive Emotion Regulation Strategies And Depression, Yuan-Yuan Guo, Jing-Jing Gu, James Gaskin, Xue-Qin Yin, Yu-Han Zhang, Jin-Liang Wang

Faculty Publications

Objectives: Childhood maltreatment, cognitive emotion regulation strategies (CERSs), and depression can be important in adolescents’ Internet addiction. The current study aims to investigate the direct effect of childhood maltreatment on Internet addiction and its indirect effects via CERSs and depression.

Participants and setting: 4091 adolescents (age M = 13.64, SD = 1.59; 48.9 % males) were recruited from a public school in China.

Methods: In a cross-sectional design, participants completed the Childhood Trauma Questionnaire-Short Form (CTQ-SF), the Cognitive Emotion Regulation Questionnaire-Short version (CERQ-Short), the Self-Rating Depression Scale (SDS), and the Internet Addiction Test (IAT). A latent structural equation model was …

Visual Literacy Unframed: Planning An Oer To Improve College-Level Visual Analysis Skills, Marty Miller

Faculty Publications

No abstract provided.

A Community-Engaged Oral History Study As A Tool For Understanding Environmental Justice Aspects Of Human Exposures To Hazardous Waste Thermal Treatment Emissions In Colfax, La, Matilda Odera, Blair Kelley, Louie Rivers, Alyanna Wilson, Jessica Tran, Khushi Patel, Brenda Vallee, Wilma Subra, Jennifer A. Cramer, Jennifer K. Irving, Margaret Reams, Jennifer Richmond-Bryant

Faculty Publications

This study investigates environmental justice (EJ) themes related to siting a hazardous waste thermal treatment facility near a low-income community of color. We investigated effects of living near a hazardous waste thermal treatment facility through three EJ aspects: recognitional, procedural, and distributive justice. The study involved the collection of oral history interviews from residents of Colfax, a town in Grant Parish, Louisiana, that hosts an open burn/open detonation hazardous waste thermal treatment facility. The facility processes materials such as munitions, theme park waste, and contaminated soils from Superfund sites, and it increased its volume drastically in 2014. Residents reported adverse …

A Uniform Standard For Certifying Questions To State Courts, Bailey D. Barnes

Faculty Publications

Since the mid-twentieth century, federal courts have certified questions of state law to state supreme courts. Rather than speculate on how a state's high court would rule on a given issue, federal courts allow the state court to determine the question itself. In so doing, the federal judiciary promotes comity and consistency while discouraging forum shopping. Yet, federal courts do so at the cost of judicial economy and speedy adjudication of litigants' pending claims.

The United States Court of Appeals is divided into thirteen circuits, of which eleven exercise jurisdiction encompassing states in the Union. Each circuit, as explained in …

The Future Is Now: Copyright Protection For Works Created By Artificial Intelligence, Gary Myers

Faculty Publications

Creativity was once considered a primarily, if not exclusively, human endeavor. People create art, literature, and music, while machines handle mechanical tasks, like a typewriter or camera. The world has changed, and in the current year those changes are disrupting conventional ideas about authorship and creativity. Developments in the power and robustness of artificial intelligence ( or AI) have made it possible for a wide array of creative AI-generated works to be created. Early developments, such as IBM Deep Blue's mastery of the game of chess, were still somewhat mechanical in nature, as they were based on the computer analyzing …

Artificial Intelligence And Transformative Use After Warhol, Gary Myers

Faculty Publications

The Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith clarifies the scope of transformative use and the role of these uses in the fair use analysis. This important case has implications for a fair use analysis of artificial intelligence. This article evaluates the interaction between copyright law's fair use doctrine and typical sources and uses for artificial intelligence. In other words, the article will assess whether or not the use of copyrighted material to "train" AI programs-AI inputs-and the products of AI programs-AI outputs-are likely to found to be transformative in light of …

The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M. L. Acri, Evan Weidner

Faculty Publications

A company that earns premarket approval of its medical device is entitled to an extension of one patent claiming the device, to make up for some of the time it spent doing premarket research. Yet, surprisingly, a mere thirteen percent of those eligible for this extension (also known as patent term "restoration") ask for one. In contrast, most drug companies entitled to this same patent extension ask for one.

In this Article, we attribute the imbalance largely to differences between the two regulatory frameworks. In brief, because the FDA classifies and regulates devices based on what they do and how …

The Causation Canon, Sandra F. Sperino

Faculty Publications

It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon-the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish "but-for" cause.

This Article is the first to name, recognize and discuss this new canon. The Article traces the birth of the canon, showing that the canon did not exist until 2013 and was not certain until 2020. Demonstrating how the Court constructed this new canon yields several new insights about statutory interpretation.

The …

Solutions Still Searching For A Problem: A Call For Relevant Data To Support "Evergreening" Allegations, Erika Lietzan, Kristina M. L. Acri

Faculty Publications

For years pharmaceutical policymaking discussions have been revolving around allegations of supposed “evergreening” by pharmaceutical companies, and policymakers have considered a range of significant policy reforms — including to antitrust law and drug regulatory law — to address this purported problem. This paper evaluates empirical data offered to substantiate “evergreening” and explains that these data — though mostly accurate — do not support proposed policy changes.

The “evergreening” claim is that by securing additional patents and FDA-related exclusivities after approval of their new drugs, brand drug companies enjoy a period of exclusivity in the market that is longer than the …

From Comprehensive Liability To Climate Liability: The Case For A Climate Adaptation Resilience And Liability Act (Carla), Anthony Moffa

Faculty Publications

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created a uniquely broad and powerful scheme of statutory liability for environmental cleanup of contaminated sites. CERCLA famously imposes strict, retroactive, joint and severable liability. One might wonder, especially through the lens of contemporary partisanship, how such a powerful, comprehensive liability scheme passed through Congress in 1980. In large part, CERCLA’s passage can be attributed to historical context that may appear wholly unique at first blush. Now, the world confronts another watershed of environmental history and past actors face a potential flood of liability. Much of the situation is different in …

Human Or Ai? Using Digital Behavior To Verify Essay Authorship, David W. Wilson, Parker Burnett, Joseph S. Valacich, Jeffrey L. Jenkins

Faculty Publications

Large language models (LLMs) such as OpenAI's GPT-4 have transformed natural language processing with their ability to understand context and generate human-like text. This has led to considerable debate, especially in the education sector, where LLMs can enhance learning but also pose challenges to academic integrity. Detecting AIgenerated content (AIGC) is difficult, as existing methods struggle to keep pace with advancements in generation technology. This research proposes a novel approach to AIGC detection in short essays, using digital behavior capture and follow-up questioning to verify text authorship. We executed a controlled experiment as an initial evaluation to test the prototype …

Rebuilding The Structure At A Medium-Sized Research Library: A Case Study, Kimberly Sweetman

Faculty Publications

No abstract provided.

Ihpp 2023 Annual Report, Insituite For Health Policy And Practice

Faculty Publications

No abstract provided.

S.W. Griffith: A Suitable Case For Indictment?, Mark Finnane, Jonathan Richards

Faculty Publications

In his 2021 book ‘Truth-Telling: History, Sovereignty and the Uluru Statement’, Henry Reynolds called for an inquiry into the historical record of Samuel Walker Griffith, Federation ‘father’ and first Chief Justice of the High Court of Australia. Reynolds’ iconoclasm targeted a historical figure whose name is memorialised in a Riverina town, a Canberra suburb and a Queensland university. Reynolds charged that Griffith was morally and politically responsible for the violence carried out by an agency of the Queensland government, the Native Police. This historically grounded allegation relates to Griffith's pre-Federation Queensland political career, 1874–93, when he served intermittently as Premier, …

Challenges In The Combination Of Radiotherapy And Immunotherapy For Breast Cancer, Rui Zhang, Samantha D. Clark, Beibei Guo, Tianyi Zhang, Duane Jeansonne, Samithamby J. Jeyaseelan, Joseph Francis, Weishan Huang

Faculty Publications

Introduction: Immunotherapy (IT) is showing promise in the treatment of breast cancer, but IT alone only benefits a minority of patients. Radiotherapy (RT) is usually included in the standard of care for breast cancer patients and is traditionally considered as a local form of treatment. The emerging knowledge of RT-induced systemic immune response, and the observation that the rare abscopal effect of RT on distant cancer metastases can be augmented by IT, have increased the enthusiasm for combinatorial immunoradiotherapy (IRT) for breast cancer patients. However, IRT largely follows the traditional sole RT and IT protocols and does not consider patient …

A Bayesian Phase I/Ii Design To Determine Subgroup-Specific Optimal Dose For Immunotherapy Sequentially Combined With Radiotherapy, Beibei Guo, Yong Zang, Li Hsiang Lin, Rui Zhang

Faculty Publications

Sequential administration of immunotherapy following radiotherapy (immunoRT) has attracted much attention in cancer research. Due to its unique feature that radiotherapy upregulates the expression of a predictive biomarker for immunotherapy, novel clinical trial designs are needed for immunoRT to identify patient subgroups and the optimal dose for each subgroup. In this article, we propose a Bayesian phase I/II design for immunotherapy administered after standard-dose radiotherapy for this purpose. We construct a latent subgroup membership variable and model it as a function of the baseline and pre-post radiotherapy change in the predictive biomarker measurements. Conditional on the latent subgroup membership of …

Targeting The Aspergillus Flavus P2c Gene Through Host-Induced Gene Silencing Reduces A. Flavus Infection And Aflatoxin Contamination In Transgenic Maize, Yenjit Raruang, Olanike Omolehin, Dongfang Hu, Qijian Wei, Surassawadee Promyou, Lidiya J. Parekattil, Kanniah Rajasekaran, Jeffrey W. Cary, Kan Wang, Zhi Yuan Chen

Faculty Publications

Aspergillus flavus is an opportunistic fungal pathogen that infects maize and produces aflatoxins. Using biocontrol or developing resistant cultivars to reduce aflatoxin contamination has only achieved limited success. Here, the A. flavus polygalacturonase gene (p2c) was targeted for suppression through host-induced gene silencing (HIGS) to reduce aflatoxin contamination in maize. An RNAi vector carrying a portion of the p2c gene was constructed and transformed into maize B104. Thirteen out of fifteen independent transformation events were confirmed to contain p2c. The T2 generation kernels containing the p2c transgene had less aflatoxin than those without the transgene in six out of eleven …

The Nitrogen-Dependent Gaba Pathway Of Tomato Provides Resistance To A Globally Invasive Fruit Fly, Hao Li, Yuan Zhang, Hu Li, Gadi V. P. Reddy, Zhihong Li, Fajun Chen, Yucheng Sun, Zihua Zhao

Faculty Publications

Introduction: The primary metabolism of plants, which is mediated by nitrogen, is closely related to the defense response to insect herbivores. Methods: An experimental system was established to examine how nitrogen mediated tomato resistance to an insect herbivore, the oriental fruit fly (Bactrocera dorsalis). All tomatoes were randomly assigned to the suitable nitrogen (control, CK) treatment, nitrogen excess (NE) treatment and nitrogen deficiency (ND) treatment. Results: We found that nitrogen excess significantly increased the aboveground biomass of tomato and increased the pupal biomass of B. dorsalis. Metabolome analysis showed that nitrogen excess promoted the biosynthesis of amino acids in healthy …

“Correct Provision Can Be Made For Their Wants: The Reading Rooms Of The Santa Fe Railroad, Suzanne Stauffer

Faculty Publications

No abstract provided.

How To Do The History Of Sexual Science, Benjamin Kahan, Greta Lafleur

Faculty Publications

This introduction maps the ways in which sexual scientific thought circulated during the fin de siècle, tracing the interconnections between and breaks in the global circuits of sexological thought and how this circuitry continues to structure sexuality in the present. In so doing, Kahan and LaFleur position their approach and that of the special issue as a whole within the larger field of sexology, placing it in more robust dialogue with sexuality studies and attending in particular to sexology's racial and imperial logics. They examine the ways in which racial science and colonial knowledge constitute sexual science as an amorphous …

Preliminary Findings From A Collaborative Storytelling Program On Life Participation And Communication Among Persons With Aphasia, Bijoyaa Mohapatra, Ranjini Mohan

Faculty Publications

Aims: The purpose of this study is to evaluate the outcomes of a remotely delivered collaborative storytelling program based on the TimeslipsTM approach in persons with aphasia (PWA). The program aims to improve social interaction, communication, and participation through a guided experience. Methods: Six PWA of mild-moderate severity and of fluent and nonfluent types participated in the program twice a week for seven weeks. They collaboratively created 28 free-form stories from staged pictures. PWA were tested pre- and post-treatment on several validated outcome measures representing each of the Living with Aphasia: Framework for Outcome Measurement (A-FROM) domains. PWA self-rated on …

Acute Stressors Do Not Impair Short-Term Memory Or Attention In An Aged Mouse Model Of Amyloidosis, Giuliana M. Dimarco, Breanna N. Harris, Alena V. Savonenko, Paul L. Soto

Faculty Publications

Memory impairment in Alzheimer’s disease patients is thought to be associated with the accumulation of amyloid-beta peptides and tau proteins. However, inconsistent reports of cognitive deficits in pre-clinical studies have raised questions about the link between amyloid-beta and cognitive decline. One possible explanation may be that studies reporting memory deficits often involve behavioral assessments that entail a high stress component. In contrast, in tasks without a high stress component transgenic mice do not consistently show declines in memory. The glucocorticoid cascade hypothesis of aging and the vicious cycle of stress framework suggest that stress exacerbates dementia progression by initiating a …

Process Scores On Measures Of Learning And Memory: Issue 1, Dustin B. Hammers, Matthew Calamia

Faculty Publications

No abstract provided.

The Effects Of Internet-Based Cognitive Behavioral Therapy For Suicidal Ideation Or Behaviors On Depression, Anxiety, And Hopelessness In Individuals With Suicidal Ideation: Systematic Review And Meta-Analysis Of Individual Participant Data, Lasse B. Sander, Marie Beisemann, Philipp Doebler, Hannah Moon Micklitz, Ad Kerkhof, Pim Cuijpers, Philip Batterham, Alison Calear, Helen Christensen, Eva De Jaegere, Matthias Domhardt, Annette Erlangsen, Ozlem Eylem-Van Bergeijk, Ryan Hill, Charlotte Mühlmann, Marie Österle, Jeremy Pettit, Gwendolyn Portzky, Lena Steubl, Bregje Van Spijker, Joseph Tighe, Aliza Werner-Seidler, Rebekka Büscher

Faculty Publications

Background: Suicide is a global public health problem. Digital interventions are considered a low-threshold treatment option for people with suicidal ideation or behaviors. Internet-based cognitive behavioral therapy (iCBT) targeting suicidal ideation has demonstrated effectiveness in reducing suicidal ideation. However, suicidal ideation often is related to additional mental health problems, which should be addressed for optimal care. Yet, the effects of iCBT on related symptoms, such as depression, anxiety, and hopelessness, remain unclear. Objective: We aimed to analyze whether digital interventions targeting suicidal ideation had an effect on related mental health symptoms (depression, anxiety, and hopelessness). Methods: We systematically searched CENTRAL, …