Digital Commons Network^™

Teaching Law And Science Fiction At The University Of Mississippi, Ellie Campbell, Antonia Eliason

Faculty Publications

No abstract provided.

Turducken™ Legal Writing: Deconstructing The Multi-State Performance Test Genre, Kaci Bishop, Alexa Chew

Faculty Publications

The Multistate Performance Test (MPT) has been praised as the most redeeming part of the otherwise unredeemable bar exam because it most aligns with what new attorneys do in practice. It has also been praised, along with other performance tests, as a useful teaching tool throughout the law school curriculum. This article builds on prior scholarship about the MPT by analyzing the MPT as a tool for teaching and testing legal writing and professional communication skills.

The new insight that this article brings is that the testing aspect of the MPT tends to engulf the teaching aspect; understanding both of …

Eviction Courts, Kathryn A. Sabbeth

Faculty Publications

This Article examines the legal mechanics of the courts that issue eviction orders. It analyzes these courts in the context of the COVID-19 pandemic and the federal eviction moratoria. The eviction phenomenon preceded the pandemic, but the pandemic exaggerated many of its features. How the eviction courts responded to the eviction moratoria reveals a great deal about how these fora have been functioning all along. While the eviction moratoria were important, the design of eviction courts limited their impact.

The Article identifies ten groups of laws that structure critical design features of eviction courts: (1) filing fee statutes that make …

Beyond The Marketplace Of Ideas: Bridging Theory And Doctrine To Promote Self-Governance, David S. Ardia

Faculty Publications

This article proceeds in three parts. Part I examines the longstanding debate over the First Amendment’s purpose and explains why the marketplace of ideas theory has come to dominate both judicial and public understanding of the First Amendment’s speech and press clauses. The marketplace theory’s ascendancy, however, has proven to be problematic. It rests on an overly simplified account of public discourse, treating speech as merely a commodity that can be allocated through market-style transactions, and it has come to embody an extreme version of libertarian economic thinking that is undermining the very democratic processes the First Amendment was intended …

Automated Video Interviewing As The New Phrenology, Ifeoma Ajunwa

Faculty Publications

This Article deploys the new business practice of automated video interviewing as a case study to illuminate the limitations of traditional employment antidiscrimination laws. Employment antidiscrimination laws are inadequate to address the unlawful discrimination attributable to emerging workplace technologies which gatekeep employment opportunities. The Article maintains that the practice of automated video interviewing is based on shaky or unproven social scientific principles that disproportionately impact racial minorities. In this way, the practice of automated video interviewing is analogous to the pseudoscience of phrenology, which enabled societal and economic exclusion through the legitimization of eugenicist and racist attitudes. After parsing the …

Restoring Faith In Military Justice, Eleanor T. Morales, John W. Brooker

Faculty Publications

The military justice system was designed to maintain good order and discipline, strengthen national security, and achieve justice. After military leaders failed to effectively address the sexual assault crisis within the armed forces, Congress lost faith in this system. In response, Congress enacted sweeping legislative reform, transferring prosecutorial discretion for the most serious offenses from commanders to military lawyers. Unlike civilian prosecutions, most decisions within the military justice system have overwhelmingly favored one consideration: maintaining good order and discipline in the unit. While Congress’s reforms change who makes the decisions in many cases, they will have little effect unless military …

The Anti-Parent Juvenile Court, Barbara A. Fedders

Faculty Publications

This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child’s family—creating financial stress, undermining a parent’s central role in rearing her child, and damaging the parent-child bond—these parent-harming features imperil a child’s healthy growth and development. In so doing, the Article argues, they contravene the juvenile court’s stated commitment to rehabilitation.

In juvenile court, fees and fines are assessed against parents, who also often must incur lost wages to comply with court orders. In addition, while youths of all economic backgrounds and …

Revisiting Health Care Fraud In The Biden Administration, Joan H. Krause

Faculty Publications

Although not one of the Biden administration’s initial priorities, health care fraud inevitably will be a major concern. First, the federal government’s response to the COVID-19 pandemic—including the disbursement of more than $175 billion in provider relief funds and the loosening of traditionally strict rules on Medicare reimbursement for telehealth services—has created new opportunities to divert health care funds for fraudulent purposes. Second, President Joseph Biden took office in the midst of the incomplete transition from volume-based to value-based payment in the federal health care programs, which will allow fraud to flourish in the gaps between multiple reimbursement systems. Third, …

Nonmarriage And Choice In South Africa And The United States, Holning Lau, Suzanne A. Kim

Faculty Publications

In this Article, we examine three insights about free choice that emerge from studying the development of South Africa’s law of nonmarriage. First, South African jurisprudence advances understandings of nonmarriage as a valid choice. Unlike U.S. jurisprudence, which has been accused of overprivileging marriage and demeaning nonmarriage, South African jurisprudence draws attention to people’s legitimate reasons for choosing not to marry and the dignity interests attached to that choice. South African law helps to broaden the imagination of what is possible when nonmarriage is respected as a valid choice.

Second, South African jurisprudence illuminates the fact that the choice whether …

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, …

Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder

Faculty Publications

This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …

Social Justice As Desistance: Rethinking Approaches To Gender Violence, Deborah M. Weissman

Faculty Publications

Part I of this Article describes most domestic violence intervention programs (DVIPs) as they currently function with regard to gender violence. It critiques the structure of these programs, their close partnership with criminal legal system actors, perceived deficiencies, and it identifies missed opportunities to provide meaningful intervention strategies with those who have harmed. It demonstrates the ways that laws, regulations, and policies governing DVIPs constrain most programs from moving beyond established practices informed by punitive approaches to address the structural conditions that situate gender violence within a political economic framework.

Part II begins with a brief overview of the research …

A Taxonomy Of Professional Identity Formation, Harmony Decosimo

Faculty Publications

Following the ABA’s mandate requiring law schools provide students with opportunities for “professional identity formation,” this article seeks to clarify and loosely taxonomize the field of professional identity formation as it is being advanced by scholars and employed in U.S. law schools. By organizing this varied and somewhat muddled field into three dominant types or approaches and examining the primary and sometimes hidden goals of each, this article raises for review the potential pitfalls in this project, including the possibility of coercion, impotence, or waste. Ultimately, this article aims to pave the way for more constructive, transparent, and fruitful dialogue …

Systemically Important Platforms, Caleb N. Griffin

Faculty Publications

Regulating Big Tech is now a matter of intense public debate. We ask how well Big Tech companies fulfill their role as gatekeepers of the public square. We ponder whether their dominant market positions merit an antitrust response. We assess their culpability and complicity in spreading online misinformation and hate. However, in the many normative debates over how Big Tech should use its power, the source of that power remains largely unexamined.

Big Tech, like Big Tobacco before it, is an industry founded on addiction. Although typically “free” to use, the world’s largest digital platforms exploit users’ dopamine pathways to …

Extent Of Inclusion Of “Rural” In Comprehensive Cancer Control Plans In The United States, Inti Barrientos-Gutierrez, Katia Gallegos-Carrillo, Lizeth Cruz-Jimenez, Rosibel Rodriguez- Bolaños, Edna Arillo-Santillán, Jim F. Thrasher Ph.D., Ma, Ms

Faculty Publications

Objectives. To evaluate the prevalence of exposure to Internet communications on and advertising of electronic cigarettes (e-cigarettes) and their association with perceptions of the social acceptability of e-cigarettes in Mexico.

Methods. Data were analyzed from eight surveys (2018–2021) of an online sample of Mexican adult (> 18 years) smokers and dual users (of combustible and electronic cigarettes). Self-reported exposure to e-cigarette advertising across various marketing channels was assessed, as well as visits to e-cigarette websites. Logistic regression analysis was used to evaluate the association between perceptions of the social acceptability of e-cigarette use and level of advertising exposure and visits …

Healthcare Education Leaves The Hills: Frontier Nursing University’S Move From Appalachia, Hannah Haksgaard

Faculty Publications

Rural communities lack maternity and childbirth services, and access is getting worse. Despite the serious need for more rural-focused childbirth services, Frontier Nursing—the most famous rural-focused childbirth healthcare provider and educator—recently left the historic rural location it had called home since its inception nearly a century ago. Frontier Nursing, established in the Appalachian Mountains in 1925, initially provided nursing and midwifery care focused on the residents of Leslie County, Kentucky, and in 1939 established a school in Leslie County to train future rural nurse-midwives. Despite success over nearly 100 years deep in the remote and rural Appalachian foothills, Frontier Nursing …

The Merits Of Merit: Book Review, Neil Fulton

Faculty Publications

No abstract provided.

Adapting Ripple Effect Mapping To A Virtual Survey Format, Matthew D. Greene, Jessica Stroope, Denise Holston

Faculty Publications

Community development projects continue despite the COVID-19 pandemic. Participatory evaluation of these projects is crucial. Ripple effect mapping (REM) is a participatory approach to evaluation that captures coalition and community member perspectives on program outcomes and impacts. In response to COVID-19, the Louisiana State University AgCenter Healthy Communities Initiative adapted REM for online delivery. The REM evaluation was found to be an effective way for community coalitions to reflect on outcomes and impacts and to motivate continued engagement

Gis-Automated Delineation Of Hospital Service Areas In Florida: From Dartmouth Method To Network Community Detection Methods, Changzhen Wang, Fahui Wang

Faculty Publications

Since the Dartmouth Hospital Service Areas (HSAs) were proposed three decades ago, there has been a large body of work using the unit in examining the geographic variation in health care in the U.S. for evaluating health care system performance and informing health policy. However, many studies question the replicability and reliability of the Dartmouth HSAs in meeting the challenges of an ever-changing and a diverse set of health care services. This research develops a reproducible, automated, and efficient GIS tool to implement Dartmouth method for defining HSAs. Moreover, the research adapts two popular network community detection methods to account …

Developing The Experience Impact Scale: A Qualitative Study Using A Study Abroad And International Internship Program, Neil Lundberg, Peter Ward, Grant Lundberg, Brian Hill, Jennifer Brown, Ramon Zabriskie, Mat Duerden, Heather Ashby

Faculty Publications

Recent work has identified different experience types, including experience classifications of ordinary, memorable, meaningful, and transformative. This study further clarifies the experience typology through qualitative data analysis of each experience type. Data analysis identified that within each extraordinary experience type, additional subtypes were present. Experience types and subtypes were organized according to the experience typology continuum into a 10-item Experience Impact Scale (EIS), as no instrument to measure experience types or experience impact was available. An expert panel was used to determine the representativeness of the items in the EIS and to provide content-related evidence of validity. Discussion of the …

Foundations Of Online Learning: Challenges And Opportunities, Christine Greenhow, Charles R. Graham, Matthew J. Koehler

Faculty Publications

Online learning—learning that involves interactions that are mediated through using digital, typically internet-based, technology—is pervasive, multi-faceted, and evolving, creating opportunities and challenges for educational research in the wake of the COVID-19 pandemic. In this special issue, we advance an interdisciplinary agenda for online learning research at the intersection of educational technology, educational psychology, and the learning sciences. In this first article in the issue, we define online learning including its variants, review historical and current contexts, explore its multidimensionality, and assert key issues shaping contemporary online learning. We propose five important lenses: community, engagement, pedagogy, equity, and design-based research, through …

Effects Of An Interdisciplinary Communication Partner Training Program On Student Learning, Tyson G. Harmon, Mei-Ling Lin, Gabrielle Scronce, Adam Jacks

Faculty Publications

BACKGROUND: Communication partner training (CPT) involves educating conversation partners to implement communication strategies that facilitate improved interactions with people with aphasia (PWA). This study aimed to investigate (1) whether a CPT program increased the knowledge and confidence of students with and without a communication disorders background and (2) the differential effects of this training on students from different allied health disciplines. METHODS: Quasi-experimental design study with 6 adult volunteers with aphasia and 36 students (18 speech-language pathology [SLP] students and 18 physical therapy/occupational therapy [PT/OT] students). The CPT program was provided twice (in 2015 and 2016) as a single seminar …

Optimal Illiquidity, John Beshears, James J. Choi, Christopher Clayton, Christopher Harris, David Laibson, Brigitte C. Madrian

Faculty Publications

We calculate the socially optimal level of illiquidity in an economy populated by households with taste shocks and present bias (Amador, Werning, and Angeletos 2006). The government chooses mandatory contributions to respective spending/ savings accounts, each with a different pre-retirement withdrawal penalty. Penalties collected by the government are redistributed through the tax system. When naive households have heterogeneous present bias, the social optimum is well approximated by a three-account system: (i) a completely liquid account, (ii) a completely illiquid account, and (iii) an account with an ≃ 10% early withdrawal penalty. In some ways this resembles the U.S. system, which …

An Inquiry Into Gradable Zero-Waste Apparel Design, Melanie Carrico, Sheri L. Dragoo, Ellen Mckinney, Casey Stannard, Colleen Moretz, Ashley Rougeaux-Burnes

Faculty Publications

The implementation of standardized grading production practices within the mass market has been challenging for scholars experimenting with zero-waste apparel design. The purpose of this research was to test the efficacy of the Carrico Zero-waste Banded Grading (CZWBG) technique, which utilizes bands inserted in strategic locations as a method of grading zero-waste patterns across various consumer categories. An additional purpose was to evaluate the ways in which this grading approach affected the aesthetic outcomes of garments across a size run, and to determine whether this method affected the overall design process of the designers involved. Through experimental research design, six …

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 …

Developing Police, Madalyn K. Wasilczuk

Faculty Publications

No abstract provided.

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 …

Rural Estrangement And The Regulatory State, Ann M. Eisenberg

Faculty Publications

In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.

Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …

Adjudicating Identity, Laura Lane-Steele

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, …