Digital Commons Network^™

Unequal Investment: A Regulatory Case Study, Emily R. Winston

Faculty Publications

Growing economic inequality in the United States has reduced social mobility, placing financial security farther out of reach for a growing number of Americans. During the COVID-19 pandemic, U.S. stock prices have grown simultaneously with unemployment and food insecurity, highlighting the fact that prosperity is unequally distributed in the U.S. economy.

Many Americans do not benefit when the stock market soars because they do not have the means to invest. However, even ordinary American families who do have wealth to invest in the capital markets will face enormous obstacles in narrowing the wealth divide through investment. This is because ordinary …

Freedom, Democracy, And The Right To Education, Derek W. Black

Faculty Publications

While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.

At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African Americans, seeing education as the means to both mental and physical freedom, made …

Qualified Immunity And Unqualified Assumptions, Teressa Ravenell, Riley H. Ross Iii

Faculty Publications

No abstract provided.

How To Map Soil Sealing, Land Take And Impervious Surfaces? A Systematic Review, Francesca Peroni, Salvatore Eugenio Pappalardo, Francesco Facchinelli, Edoardo Crescini, Michele Munafò, Michael E. Hodgson, Massimo De Marchi

Faculty Publications

Soil degradation is one of the main environmental issues within the international agendas on sustainability and climate adaptation. Among degradation processes, soil sealing represents the major threat, as ecosystem services dramatically decrease or are even nullified. The increasing use of big open data from satellites combined with AI algorithms are making geodata mining and mapping techniques essential to quantify soil sealing. Different keywords are adopted to define the phenomenon. However, at present, review articles presenting the state-of-the-art on mapping soil sealing by including the most common definitions are currently not available. Hence, we analyzed: (a) impervious surface, (b) soil sealing, …

Approaching An Untamed Poetry: Arab North American Poetry In The Classroom, Rachel Norman

Faculty Publications

This essay by Rachel Norman originally appeared in the edited volume, Teaching Asian North American Texts.

Data Visualization Using External Data, Sarah H. Theimer

Faculty Publications

This presentation describes how OpenRefine properties (native language, country of citizenship, sex/gender and religion/worldview can be used to enhance MARC data and provide more information about a library collection. The most authors did match to a Wikidata record. Of the records that matched sex/gender was the most frequently populated property. Using Alma’s Data Visualization feature we linked Wikidata properties with alma information to get a clearer understanding of the authors in the philosophy collection.

Pandora’S Loot Box, Sheldon Evans

Faculty Publications

The emerging trend of loot boxes in video game platforms continues to expand the shifting boundaries between the real and virtual world and presents unique insights into the impact each world should have on the other. Borrowing their design from the gambling industry, loot boxes operate as a hybrid between slot machines and trading cards. A consumer pays real-world money to buy a virtual box without knowing its contents. Upon opening the box, the consumer receives a virtual good that may be of great value, but more commonly is of little or no value.

This Article contributes a novel theory …

Preface, Kisung Lee, Liang Jie Zhang

Faculty Publications

No abstract provided.

Analyzing Tweeting Patterns And Public Engagement On Twitter During The Recognition Period Of The Covid-19 Pandemic: A Study Of Two U.S. States, Misbah Ul Hoque, Kisung Lee, Jessica L. Beyer, Sara R. Curran, Katie S. Gonser, Nina S.N. Lam, Volodymyr V. Mihunov, Kejin Wang

Faculty Publications

The abundance of available information on social media can provide invaluable insights into people's responses to health information and public health guidance concerning COVID-19. This study examines tweeting patterns and public engagement on Twitter, as forms of social media, related to public health messaging in two U.S. states (Washington and Louisiana) during the early stage of the pandemic. We analyze more than 7M tweets and 571K COVID-19-related tweets posted by users in the two states over the first 25 days of the pandemic in the U.S. (Feb. 23, 2020, to Mar. 18, 2020). We also qualitatively code and examine 460 …

The Trial Of Cinque - Steven Spielberg's Amistad, Jonathan Van Patten

Faculty Publications

No abstract provided.

“Shall Not Be Construed”: Reversal Of Supreme Court Decisions By Constitutional Amendment, John V. Orth

Faculty Publications

This Article considers the way in which small changes of wording can signal large changes of thought in the United States Constitution (Constitution). Drawing upon examples found in the Eleventh and Sixteenth Amendments, and in the Reconstruction Amendments, the Article shows that there are two ways to reverse a U.S. Supreme Court decision by constitutional amendment. The first type of amendment may reverse the decision by instructing the Court on the proper construction of a particular provision, as in the case of the Eleventh Amendment. The second means involves reversing the decision by altering the constitutional provision in question, rather …

Policing The Polity, Eisha Jain

Faculty Publications

The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of “Chinese descent” living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible deportation. Immigration control provided the stated rationale for singling out a particular group of U.S. residents and subjecting them to race-based domestic policing. By treating these policing practices as part and parcel of the process of deportation, the Court obscured the full …

The Mystery Of The Missing Choice-Of-Law Clause, John F. Coyle

Faculty Publications

There is widespread agreement among experienced contract drafters that every commercial contract should contain a choice-of-law clause. Among their many virtues, choice-of-law clauses facilitate settlement and reduce litigation costs. While most modern contracts contain these provisions, some do not. In many instances, the absence of these clauses may be attributed to outdated forms, careless drafting, inattentive lawyers, or some combination of the three. In a few instances, however, it appears that sophisticated contract drafters purposely omit choice-of-law clauses from their agreements. If these clauses add value to a contract — and there is nearuniversal agreement that they do — then …

Constraining Criminal Laws, F. Andrew Hessick, Carissa Byrne Hessick

Faculty Publications

This Article challenges the modern statutory interpretation of criminal laws. In doing so, it makes two distinct, but related contributions. First, it demonstrates that courts historically played a significantly more active role in interpreting criminal laws than they currently play. In particular, courts routinely interpreted statutes to reach no further than the text or the purpose, and they treated broadly written laws as ambiguous and in need of narrowing constructions. Put simply, courts used their interpretive powers to deliberately favor criminal defendants and constrain the criminal law. Second, it explains how a more active judiciary would combat some of the …

Not Child’S Play: A Constitutional Game Of Pass The Story In Dobbs, Shurtleff, And Kennedy, John V. Orth, Paul T. Babie

Faculty Publications

This Article suggests that in the effort to find fixed standards for rights, working with vague, indeterminate, silent text, the Supreme Court engages in a constitutional game of pass the story. No one outcome concludes the story; it merely adds another chapter, to which the next set of judges will add their own installment. The quest for standards never ends. The Court’s decisions in Dobbs v. Jackson Women’s Health Organization, Shurtleff v. City of Boston, and Kennedy v. Bremerton School District are merely the latest installments in stories that began with the founding. And as with any such story, …

A Silver Lining To Russia’S Sanctions-Busting Clause, Michael Bradley, Irving De Lira Salvatierra, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

In 2018, Russia began inserting an unusual clause into euro and dollar sovereign bonds, seemingly designed to circumvent future Western sanctions. The clause worked by letting the government pay in roubles if sanctions cut off access to dollar and euro payment systems. The clause received little scrutiny at the time, perhaps because Russia used a state-owned bank, rather than a global investment bank, as underwriter. But with the invasion of Ukraine and the ensuing sanctions imposed by the United States and other governments, the relevance of the clause has become clear. This Essay examines how the market reacted to the …

A Debt Of Dishonor, Kim Oosterlinck, Ugo Panizza, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

In 1825, France conditioned its grant of recognition to the new nation of Haiti on the payment of 150 million francs plus trade benefits. The payments were, at least in part, compensation for the losses that French plantation owners suffered, a key part of which was the loss of enslaved Haitians, who took their freedom via revolution. France has officially apologized and acknowledged a “moral debt” that it owes the Haitian people. But is there a legal debt that Haiti, one of the poorest nations in the world, could claim today from France, one of the richest?

Using Open-Source Software For Business, Urban, And Other Applications Of Deep Neural Networks, Machine Learning, And Data Analytics Tools, Richard S. Segall, Vidhya Sankarasubbu

Faculty Publications

This article provides an overview with examples of what Neural Networks (NN), Machine Learning (ML), and Artificial Intelligence (AI) and Data Analytics are, and with their applications in business, urban and biomedical situations. The characteristics of 29 types of neural networks are provided including their distinctive graphical illustrations. A survey of current open-source software (OSS) for neural networks, neural network software available for free trial download for limited time use, open-source software (OSS) for Machine Learning (ML), and open-source software (OSS) for Data Analytics tools are provided. Characteristics of Artificial Intelligence (AI) technologies for Machine Learning available as open-source are …

Melatonin As An Antimicrobial Adjuvant And Anti-Inflammatory For The Management Of Recurrent Clostridioides Difficile Infection, S. Scott Sutton, Joseph Magagnoli Ph.D., Ms, Tammy H. Cummings, James W. Hardin

Faculty Publications

Clostridioides difficile (C. difficile) infection (CDI) is strongly associated with inflammation and has the potential to cause recurrent infections. Pre-clinical data suggest that melatonin has beneficial effects in the gastrointestinal tract due to its anti-inflammatory and antibacterial properties. This analysis examines the association between melatonin and the risk of recurrent CDI. Methods: A retrospective cohort study was conducted among patients with an inpatient diagnosis of CDI along with a positive C. difficile polymerase chain reaction (PCR) or enzyme immunoassay (EIA) test result. Patients were followed until the first study end point (death) or the first instance of recurrent …

State-Level Policy Environments, Discrimination, And Victimization Among Sexual And Gender Minority People, Kristen D. Clark, Mitchell R. Lunn, Eliot M. Lev, Michael A. Trujillo, Micah E. Lubensky, Matthew R. Capriotti, Thomas J. Hoffmann, Juno Obedin-Maliver, Annesa Flentje

Faculty Publications

Legislation has been passed in some states to reduce discrimination and victimization toward sexual and gender minority people (SGM; people who are not solely heterosexual and/or whose gender identity is not equal to what is socially associated with sex assigned at birth). The purpose of these analyses is to test whether state-level policy environments are associated with past-year discrimination and victimization among SGM people. Cross-sectional data from The Population Research in Identity and Disparities for Equality (PRIDE) Study annual questionnaire (collected 2018–2019), a national study of the health of SGM adults in the USA, were used for these analyses. Measures …

Disparities In Demand For Covid-19 Hospital Care In The United States: Insights From A Longitudinal Hierarchical Study, Wolfgang Messner

Faculty Publications

Background and aims

This study examined disparities in hospitalization for COVID-19 within the U.S. by racial and ethnic groups, health insurance status, and social support structure.

Methods

Using publicly available ecological case and contextual data from July 2020 to April 2021, a longitudinal hierarchical model for the 51 U.S. states was constructed.

Results

Racial/ethnic disparities were observed, such as that hospitalization rates were higher in states with a higher percentage of Black (β = .002, P = .009) and American Indian or Alaska Native persons (β = .003, P = .03). Conversely, lack of health insurance was related …

“Usefulness Without Use," Or, The Power Of The Virtual: Lu Xun On The Vital Efficacy Of Literature, Wenjin Cui

Faculty Publications

This article explores Lu Xun’s distinct view of the vital efficacy of literature, as

captured in his well-known conception of literature’s “usefulness without use.”

Starting with the highly idealistic vision of his youthful years, which posits an

unmediated flow of power from the free play of poetry to the direct action of politics,

I follow Lu Xun on the strenuous and crisis-ridden path he took in coming to terms

with the uselessness of literature vis-à-vis the power of politics, until he finally

reaffirmed the vital power of literature by pitching the self-transcending virtual

impetus of literature against the conservative actual …

Protective Orders And Limited Guardianships: Legal Tools For Sidelining Plenary Guardianship, David M. English, Nina Kohn

Faculty Publications

By encouraging use of limited guardianships and protective orders instead of full guardianships, states can reduce the likelihood of unnecessarily stripping adults of their civil rights. Yet, although such less restrictive alternatives have long been available to most courts, in practice, their use remains limited and sporadic. This article argues that this lack of use suggests that it is not sufficient for the law to state a preference for these less restrictive alternatives, it must actually create systems that incentivize their use and actively discourage the use of full guardianships. This article then shows, using the Uniform Guardianship, Conservatorship, and …

Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill

Faculty Publications

Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Faculty Publications

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …

Countering The Big Lie: The Role Of The Courts In The Post Truth World, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This Essay analyzes the role of the courts in handling Trump’s election lie. It argues that the courts were certainly correct in giving short shrift to Trump’s lawsuits, but further that the courts should have done more than simply dismiss Trump’s claims. Had the courts aggressively utilized existing tools to identify and punish prosecution of baseless claims, including Rule 11 of the Federal Rules of Civil Procedure and the courts’ inherent powers to control proceedings before them, the Trump election lie might well have been put to rest immediately before it could take root among die-hard Trump supporters. This …

The Unstoppable Spread Of English In The Global University, Rosemary C. Salomone

Faculty Publications

As English has spread across higher education worldwide, it has generated ongoing debate and a wealth of scholarship raising academic and national concerns, but with little, if any, pause or retreat on policies and practices. This article examines that puzzling disconnect within the broader framework of the rise of English as the dominant lingua franca, its historical grounding, its social and economic implications, and its diverse course within Europe and postcolonial countries.

The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea

Faculty Publications

The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …

Small Teaching, Big Impact, Ashley B. Armstrong

Faculty Publications

(Excerpt)

James M. Lang’s thesis in Small Teaching is simple: There are small things that educators can do to improve learning outcomes in their classrooms. Lang asserts that these “small but powerful modifications to our course design and teaching practices” are easy for teachers to incorporate and supported by research on learning. Lang is well steeped in pedagogical best practices—he is the former director of the Center for Teaching Excellence at Assumption College in Worcester, MA, and he regularly writes for the Chronicle of Higher Education.

A Contact Stress Capacity Model For Cylindrical Wormsets, Edward E. Osakue, Lucky Anetor

Faculty Publications

A contact stress capacity expression is derived for cylindrical worm sets by considering the worm as a helical rack mating with a helical gear. The concept of the equivalent spur gear for a helical gear defined by the instantaneous radius of curvature in the virtual plane of the helical gear is utilized in the contact stress capacity model formulation. All the basic design parameters of worm and gear are incorporated in the expression which explicitly shows the influence of the base and nominal helix angles on the contact stress. By considering the geometry of the worm and gear in engagement, …