Digital Commons Network^™

The Police Archipelago: Decentralization, Police Violence, Over-Punishment, And Crime, José F. Girón

Faculty Publications

A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a critical role in the criminal justice system, and which has been the subject of intense public criticism: the police. That oversight is remarkable for two reasons. First, calls for increased local control of the police seem to ignore that America operates one of the most—if not the most—decentralized policing models in the world, with its thousands of local, …

Facts, Policy, And Discretion, F. Andrew Hessick, Carissa Byrne Hessick

Faculty Publications

Presidents, prosecutors, and judges often announce policies on how they will make discretionary decisions. These policies have met the criticism that discretion must be the product of an assessment of the particular facts of a case. Decisionmakers cannot base discretionary decisions on policy considerations, nor can they adopt policies stating how they intend to exercise their discretion. To do so, the argument goes, does not constitute an exercise of discretion, but rather an abdication of it.

This Article argues that this criticism misunderstands discretion. Discretionary decisions must rest on reasons, and reasons necessarily appeal to principles and policies that are …

Thriving In The Middle: The Role Of Mindfulness, Psychological Capital, And Supervisor Support For Assistant Principals, Susan Kim, Peter Williams, Mei Jiang, Teresa Farler

Faculty Publications

Purpose: This study investigates the well-being of public-school assistant principals by examining how socio-cognitive mindfulness (SCM), psychological capital (PsyCap), tenure, and perceived supervisor support (PSS) contribute to their experience of thriving, a construct reflecting overall well-being.

Design/Methodology: This cross-sectional quantitative study explored the mediating role of PsyCap, PSS, and tenure in the relationship of SCM and thriving among public school assistant principals in Texas.

Findings: SCM, PsyCap, and PSS were all positively associated with holistic thriving. PsyCap fully mediated the relationship between SCM and thriving, but PSS did not mediate it. This study identified a portable resource-building route (SCM → …

Excellence In Onboarding: A Case Study Of Campus Leader Support For Early-Career Teachers, Kelsey Bowles, Peter E. Williams, Alicia Piechowiak

Faculty Publications

Purpose: It is critical in industries experiencing labor shortages and high attrition rates, as is the case for early-career teachers (ECTs) in Texas, to understand effective early-career supports and how they contribute to career persistence and effectiveness. This study examines the context-specific onboarding experiences of ECTs and the leadership practices they found valuable.

Design/Methodology: This qualitative, collective case study used a positive deviance approach to examine teacher onboarding experiences. Located in a high-needs, urban public-school campus with atypically low teacher turnover and high student academic achievement. We interviewed eight mid-career teachers about their early-career experiences of supervisor and organizational …

Investigation Expenses, Ryan Vacca

Faculty Publications

Misappropriating trade secrets is usually done in secret. After all, those taking another’s trade secret in violation of state and federal law rarely openly tout their misdeeds. As a result, trade secret owners do not always immediately realize that their trade secret has been misappropriated and must spend significant resources investigating whether misappropriation has occurred and, if so, by whom and to what extent.

An important question frequently arising over the last several years but overlooked in the scholarly literature is whether a trade secret owner’s investigation expenses are recoverable as “actual loss” under state and federal trade secret laws. …

When Money Moves In: The Consequences Of Housing Wealth, Darren Aiello, Jason Kotter, Gregor Schubert

Faculty Publications

We construct a novel dataset of millions of household moves over 25 years to examine how housing wealth affects purchase decisions. We find that a $1 exogenous increase in housing equity leads movers to pay a $0.06 premium on their next home, controlling for property characteristics and time-varying local prices. This behavior is driven by search frictions— wealthier households pay a premium rather than incur additional search costs. In aggregate, these decisions spill over to the broader housing market and cause upward regional price pressure. A 10% increase in equity gain among incoming movers increases local house price growth by …

Predicting Anomalies, Boone Bowles, Adam V. Reed, Matthew C. Ringgenberg

Faculty Publications

We show that stock returns exhibit predictable patterns before the publication of anomaly trading signals. Moreover, anomaly trading signals derived from financial data are themselves predictable, making it possible to trade before financial statements are released. A trading strategy based on predicted anomaly signals earns an annualized return of 2.80% in the quarter before the signal is released. In recent periods, this return predictability is concentrated in signals that are harder to forecast, and returns are increasingly earned several quarters before signals are released. Our findings suggest anomalies are more anomalous than previously recognized.

Who Invests In Crypto? Revealed Types And Economic Drivers Of Retail Investment, Darren Aiello, Scott R. Baker, Tetyana Balyuk, Marco Di Maggio, Mark J. Johnson, Jason Kotter

Faculty Publications

Using transaction-level data from millions of U.S. households, we provide the first comprehensive characterization of retail cryptocurrency investment. Crypto investors are distinguished not by demographics but by a latent behavioral type revealed through consumption patterns—one that also predicts higher participation in traditional equity brokerages. The economic forces driving crypto investment, including income shocks, workplace peer effects, and inflation exposure, mirror those driving traditional investment. Crucially, households whose consumption matches the crypto-investor profile are more responsive to all these drivers across both asset classes, suggesting that investor type is a more relevant distinction than asset class.

Do Cohort Restatements Generate Contagion? A Re-Examination, Melissa F. Lewis-Western, Timothy Seidel, Michael S. Wilkins

Faculty Publications

Gleason, Jenkins, and Johnson (2008) provide evidence that restatements lead to stock price declines among non-restating industry peer firms, suggesting that investors perceive contemporaneous manipulation within the industry. In contrast, Kedia, Koh, and Rajgopal (2015) find that restatements—especially less severe ones—encourage peer firms to initiate earnings manipulation. These divergent findings, together with the rising prevalence of less severe restatements and advances in monitoring technologies, motivate a re-examination of manipulation contagion. Although we are able to replicate the results of both seminal studies, we find that the results in Kedia, Koh, and Rajgopal (2015) are sensitive to design choices that affect …

Psychological Distance And Auditor Assessment Of The Severity Of An Internal Control Deficiency, Scott C. Jackson, John D. Keyser, Douglas F. Prawitt

Faculty Publications

Auditors often underestimate the severity of internal control deficiencies, particularly when associated misstatements are immaterial. We find that auditors are more likely to correctly classify a material weakness when no misstatement information is provided than when misstatement information is available, and that this finding may unconsciously arise from auditors’ construal level in judging control deficiency severity. Through a series of experiments, we manipulate misstatement information related to an internal control deficiency designed to represent a material weakness. We hold the size of potential misstatement constant and find that auditors and graduate auditing students are less likely to correctly assess the …

Mission-Focused Multidisciplinary Design Optimization Of Tilt-Rotor Evtol Propulsion System, Tyler Critchfield, Andrew Ning

Faculty Publications

Tilt-rotor propulsion system design requires a multidisciplinary approach to tackle important challenges and competing tradeoffs between disciplines. In this paper, we model rotor aerodynamics, blade structures, vehicle drag, electric propulsion, and tonal/broadband acoustics for a tilt-rotor, electric vertical takeoff and landing aircraft using low-to-mid fidelity tools. We use gradient-based design optimization with automatic differentiation and parameter sensitivity analyses to explore the design space and complex tradeoffs of tilt-rotor distributed electric propulsion systems, exploring effects of variations in payload/empty weight, battery specific energy, and blade tip speed. This framework models multiple operating points with a mission-focused objective to account for the …

Longitudinal Associations And Interactions Of Adolescent Religious Deidentification And Parental Sanctification On Parent-Adolescent Relationships, Justin Hendricks, Sam A. Hardy, Michael A. Goodman, Emily De Schweintiz Taylor

Faculty Publications

In many religious families, shared religious identity is a strong source of intergenerational solidarity. However, when adolescents deidentify from their family faith, normative parent-adolescent conflict, which heightens in mid-adolescence and normally subsides in late-adolescence, may intensify and damage parent-adolescent social cohesion. Many religious parents view parenting relationships as sanctified, which typically leads to adaptive parenting, but in the context of deidentification may lead to greater distress. To understand how adolescent religious deidentification influences parentadolescent relationships, we examined the longitudinal associations and interactions of adolescent children’s religious deidentification and parental sanctification on parent-child religious conflict and parental warmth (N = 1,391 …

Gendered Words And Patent Grant Rates: A Textual Analysis, Deborah R. Gerhardt, Miriam Marcowitz-Bitton, W. Michael Schuster, Avshalom Elmalech, Omri Suissa, Moshe Mash

Faculty Publications

Text is a vehicle to convey information that reflects the writer’s linguistic style and communication patterns. By studying these attributes, we can discover latent insights about the author and their underlying message. This article uses such an approach to better understand patent applications and their inventors.

While prior research focuses on patent metadata (i.e., filing year or gendered inventor names), we employ machine learning and natural language processing to extract hidden information from the words in patent applications. Through these methods, we find that inventor gender can often be identified from textual attributes—even without knowing the inventor’s name. This ability …

Health Care Fraud And The End Of Chevron, Joan H. Krause

Faculty Publications

What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have in common? In short, a government agency’s interpretation of a federal statute. All three cases go to the heart of the administrative state: the ability of an agency, staffed by experts in the field, to interpret static statutory language to offer practical guidance to an ever-evolving industry.

The same is true of health care fraud, although it is …

Tradition Without Text?, Daniel B. Rice

Faculty Publications

This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

The Trademark Bargain: Registration As Disclosure, Dustin Marlan

Faculty Publications

This Article highlights the central—and under-theorized—role that disclosure plays within trademark law. By loose analogy, the patent disclosure requirement is a cornerstone of patent law, embodying the “patent bargain” where an inventor must disclose their invention in exchange for a twenty-year monopoly. This quid pro quo is believed to stimulate the progress of science and technology, making patent disclosure the very pulse of the patent regime. However, the fundamental importance of disclosure in trademark law remains underexplored. Like patents, trademark law imposes a rigorous bargain—to obtain the enhanced rights granted by federal registration, trademark owners must first make significant disclosures …

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Faculty Publications

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Choice Of Law In Terrorism Cases, John F. Coyle

Faculty Publications

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia? Some version of this choice-of-law question has been presented to U.S. courts many times over the past two decades. Their answers have been frustratingly inconsistent. In some cases, courts have applied the law of the place of the attack. In others, they have applied the law of the plaintiff’s domicile. In still others, they have applied the law of the forum where the plaintiff brings …

Systems Level Analysis Of Gene, Pathway And Phytochemical Associations With Psoriasis, Sonalika Ray, Ojasvi Dutta, Neoklis Apostolopoulos, Konstantin G. Kousoulas, Jean Christopher Chamcheu, Rishemjit Kaur

Faculty Publications

Psoriasis is an inflammatory skin disorder driven by abnormal immune activation that promotes excessive proliferation and accelerated turnover of epidermal keratinocytes. IL-17 and TNF pathways are well known in psoriasis, but the other mechanisms that keep the disease active and link it to systemic comorbidities are not yet fully understood. A combined transcriptomic and systems biology framework was applied to map regulatory circuits in psoriatic lesions and to identify phytochemical candidates capable of multi-target modulation for topical intervention. Differential gene expressions between lesional and healthy skin was analyzed, followed by pathway enrichment, upstream regulator inference, protein-protein interaction network, and chemical-gene …

Metal Exposures And Their Interactions With The Dietary Inflammatory Index On Inflammatory Biomarkers In Mexican Adolescents, Yanelli Rodríguez-Carmona, Ana Baylin, Peter X.K. Song, Edward Ruiz-Narvaez, Cindy W. Leung, James Hébert Scd, Nitin Shivappa Mbbs, Mph, Ph.D., Michael David Wirth Msph, Phd, Face, Aljandra Cantoral, John D. Meeker, Niladri Basu, Martha María Tellez-Rojo, Karen E. Peterson, Sung Kyun Park

Faculty Publications

Background:

Heavy metals, like lead, arsenic, and cadmium, are linked to increased inflammation even in early life; however, anti-inflammatory diets may offset these effects.

Methods:

We evaluated associations between heavy metals and inflammatory biomarkers, and potential effect modification by diet in 399 adolescents aged 10 to 18 at baseline who attended two study visits 2 years apart (773 observations). At baseline, blood lead, urinary arsenic, and cadmium concentrations were measured, and the Children’s Dietary Inflammatory Index (C-DII) was calculated. Fasting serum interleukin (IL)-4, IL-10, IL-1β, IL-6, IL-8, high-sensitivity C-reactive protein, and tumor necrosis factor-alpha were measured for both visits. Generalized …

An Algorithm For Extracting Bathymetry From Icesat-2 Data That Employs Structure And Density Using Concentric Ellipses, Yuri Rzhanov, Kim Lowell

Faculty Publications

The ICESat-2 satellite collects LiDAR data along linear orbital tracks using a photon-counting green wavelength (532.27 nm) instrument. The utility of combining ICESat-2 data with satellite imagery for training and subsequently applying satellite-derived bathymetry models to provide estimates of shallow water depth is well-established. However, automating and improving the accuracy of the identification of ICESat-2 photon events (PEs) representing bathymetry remains a challenge. This article presents an algorithm for automated extraction of PEs reflected from the ocean floor (rather than the ocean surface or noise in the water column). The algorithm is unique in examining both the density of PEs …

Sexual And Bystander Harassment Among Part-Time Employees: Effects On Work Attitudes, Stress, And Withdrawal, Robert T. Hitlan

Faculty Publications

This study investigated the impact of sexual and bystander harassment experiences on work attitudes, stress, withdrawal, and psychological well-being of part-time employees. Participants included 314 female employees who worked part-time in their organizations. All participants completed a computer-administered workplace experience survey assessing various aspects of their work environment, including personal and bystander harassment experiences, work-related attitudes (supervisor satisfaction, coworker satisfaction, and general job stress), work behaviors (work and job withdrawal), and psychological well-being. Experiences of sexual harassment and bystander harassment were predicted to be negatively related to satisfaction and psychological health and positively related to stress and withdrawal. Both forms …

Correction: Changes In Aggressive Behaviors Over Time In Children With Adverse Childhood Experiences: Focusing On The Role Of School Connectedness, Sei Young Lee, Mijin Choi

Faculty Publications

In the original publication (Lee and Choi 2025), Zhang and Mersky (2022) was not cited. The citation has now been inserted in 5.2. Measures, 5.2.1. Adverse Childhood Experiences, Paragraph Three and should read: Parental substance use questions concerned whether mothers or fathers reported having four or more drinks and any of five types of drugs (e.g., cocaine and heroin) or misuse of prescription drugs (e.g., sedatives and tranquilizers) in the past 12 months. Parental incarceration was measured by whether the mother, father, or mother’s current partner had spent any time in prison or jail. Sample questions of parental domestic violence …

The Influence Of Reactive Iron On Organic Carbon Preservation In Sediment Of The Mississippi River-Influenced Shelf, Manab Kumar Dutta, Neha A. Ghaisas, Kanchan Maiti

Faculty Publications

Reactive iron is a key driver of organic carbon preservation in marine sediments, but its participation in organic carbon remineralization complicates efforts to mechanistically constrain its role in preservation. To address this, we investigated the dual role of iron in the Mississippi River-influenced shelf sediment during low discharge (August 2016) and high discharge (May 2017). Duplicate sediment cores (30 cm depth) were collected from two stations; one core served as a natural reference, while the other was used for an incubation experiment. In the natural cores, reactive iron concentrations in the upper 9 cm were lower in August 2016 than …

Hurricanes And Human Health In Louisiana: Insights From Hurricanes Laura, Delta, And Ida, Shobha Kumari Yadav, Robert V. Rohli, M. E. Betsy Garrison, Elisabeth Ponce-Garcia, Nazla Bushra, Charleen Mcneill

Faculty Publications

Louisiana is one of the most disaster-prone states, with hurricanes ranking among the most destructive hazards. Hurricanes impede sustainability by straining hospital infrastructure, overwhelming emergency departments, and disrupting continuity of care. Louisiana’s healthcare system, characterized by high uninsured rates, limited rural access, and notable racial and socioeconomic disparities, is particularly vulnerable during disasters. This research explores trends of mental and respiratory health in Louisiana surrounding Hurricanes Laura (2020), Delta (2020), and Ida (2021). Analysis reveals a substantial increase in admissions after landfall of all three storms, with mental health conditions showing a larger surge than respiratory ones in already-vulnerable communities. …

On The Calculation Of Carbon And Nutrient Transport To The Oceans, Chunyan Li, John R. White

Faculty Publications

Correct estimations of sediment, carbon, and nutrient fluxes are crucial for understanding the impacts of land use, environmental change, and climate change. However, limited measurements—often restricted to surface data or aliased data, i.e., data without repeated observations throughout a tidal cycle—can lead to significant errors in transport calculations, particularly when different water masses interact. To address this issue, our study employed repeated, cross-sectional (cross-channel and through the vertical) measurements of water velocity and concentrations of sediment, carbon, and nutrients over the course of a tidal cycle. We observed substantial intra-tidal, lateral, and vertical variations in concentrations and fluxes, spanning orders …

Lynk Labs: How The Least-Vetted Documents Destroy Issued Patents, Dennis D. Crouch

Faculty Publications

The Lynk Labs petition presents the Supreme Court with an opportunity to restore the temporal coherence that Congress built into § 311(b)'s evidentiary framework. By treating "printed publication" as synonymous with any reference that eventually becomes public, the Federal Circuit has transformed IPR into a forum where unexamined, abandoned patent applications can destroy patents that survived the very scrutiny those applications failed to complete. The Court should grant certiorari and hold that a printed publication must be printed and published before the critical date to serve as the basis for an IPR challenge.

Solving Professors' Dilemmas About Prohibiting Or Promoting Student Ai Use, John Lande

Faculty Publications

Faculty face difficult dilemmas as law students increasingly use generative artificial intelligence (AI) tools like ChatGPT.  Should faculty prohibit student use of AI in course work, allow it within limits, or actively encourage it to build professional skills?  Because students already use AI tools, faculty must respond.  Doing nothing can undermine core educational goals.

This article offers practical strategies for addressing these dilemmas.  These strategies are designed to promote learning, uphold academic integrity, and prepare students for an evolving legal profession.  This article outlines two broad approaches:  restricting unauthorized AI use and promoting responsible, supervised use.  It provides concrete suggestions …

Rethinking Juror Impartiality, Anna Offit

Faculty Publications

Jury impartiality in the contemporary court often justifies the perpetuation of exclusionary selection practices that make juries more—not less—biased. This Article calls for a rethinking of this important but flawed concept. Constitutional interpretations and conceptions of “impartiality” frame it as a transient orientation toward particular evidence or parties. Yet, during voir dire, the prevailing conception of jury impartiality is that it is an immutable character trait that must be discovered—if not created—by professional legal actors. What voir dire creates is not an impartial jury, but precisely the opposite: a venire shaped by the strategic biases of lawyers.

This Article offers …

Judge Platt Potter: Politics And Principle In Interbranch Conflict, Aaron-Andrew P. Bruhl

Faculty Publications

During the previous Congress, some commentators called on the Senate Judiciary Committee, then controlled by Democrats and chaired by Senator Dick Durbin of Illinois, to demand the testimony of Supreme Court Justices Clarence Thomas and Samuel Alito over allegations of ethical breaches, securing their presence by subpoena if necessary. The Committee did not subpoena the Justices, with Durbin citing the likely lack of sufficient votes and worrying that the Senate would not be able to enforce the subpoenas anyway. During the same Congress, Durbin asked Chief Justice Roberts to testify about judicial ethics, an invitation that Roberts declined.

These incidents …