Digital Commons Network^™

Risky Education, Osamudia James

Faculty Publications

No abstract provided.

The Political Economy Of Pandemic Pods, Osamudia James

Faculty Publications

No abstract provided.

Leadership... From A To Z, Anne Klinefelter

Faculty Publications

No abstract provided.

When Therapy Goes Public: Copyright Gatekeepers And Sharing Therapeutic Artifacts On Social Media, Amanda Reid, Pablo Miño

Faculty Publications

No abstract provided.

An Auditing Imperative For Automated Hiring, Ifeoma Ajunwa

Faculty Publications

The goal of this Article is neither to argue against or for the use of automated decision-making in employment, nor is it to examine whether automated hiring systems are better than humans at making hiring decisions. For antidiscrimination law, the efficacy of any particular hiring system is a secondary concern to ensuring that any such system does not unlawfully discriminate against protected categories. Therefore, the aim is to suggest collaborative regulatory regimes for automated hiring systems that will ensure that any benefits of automated hiring are not negated by (un)intended outcomes, such as unlawful discrimination on the basis of protected …

The Fantasy Of The Unchaste Mentality, Tara N. Summerville, Kevin Bennardo

Faculty Publications

For the past forty years, North Carolina’s rape-shield legislation has served as a laboratory of experimentation. Like the rape-shield legislation of every state, it generally prevents the admission of complaining witnesses’ past sexual history in sexual assault prosecutions. However, North Carolina’s rape-shield rule contains a unique exception not found elsewhere in the country. The exception, which we label the “fantasy exception,” permits the admission of a complaining witness’s past sexual behavior when it is offered as the basis of expert psychological or psychiatric opinion that the complainant fantasized or invented the charged assault.

This Article is the first to rigorously …

Diversity From The Perspective Of Corporate Boards And Lawyer Disciplinary Boards, Lissa L. Broome, John M. Conley

Faculty Publications

This Article addresses the organizing question of this symposium—whether diversifying state medical boards (SMBs) would improve their effectiveness in disciplining doctors—by drawing on the comparable experiences of corporate boards of directors and lawyer disciplinary boards. Reexamining our own qualitative study of corporate board diversity conducted several years ago, we find that almost of all of the arguments for board diversity raised in the business literature or our own interviews also tend to support diversity on SMBs. Reviewing the legal profession’s experience with the diversity question on lawyer disciplinary boards, we find that many of these arguments have also been recognized, …

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Faculty Publications

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses …

The Sovereign Shield, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal government’s sovereign shield by exploiting three doctrines: preemption, derivative sovereign immunity, and intergovernmental immunity. Because these contractors provide services supporting every conceivable government action, allowing them to act with impunity puts citizens at risk across myriad aspects of their lives.

This Article untangles the doctrines that extend the sovereign shield to private actors …

The End Of School Policing, Barbara A. Fedders

Faculty Publications

Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role the police play in perpetuating a school-to-prison pipeline that funnels Black and Brown students and students with disabilities out of schools and into courts, jails, and prisons. In suggesting remedies for this problem, commentators have proposed several regulatory fixes. These include changes to the standards for evaluating …

Corporate And Securities Law Impact On Social Responsibility And Corporate Purpose, Thomas Lee Hazen

Faculty Publications

The role of social responsibility in corporate governance has been the subject of debate for nearly ninety years. That debate has been reframed over the decades. Several recent events have resulted in increased focus on corporate so-cial responsibility, especially with respect to publicly held corporations. This Ar-ticle explores the law’s two different paths for impacting social responsibility. The current iteration of the corporate responsibility movement has implications for both state law chartering of corporations and federal securities regulation. This Article analyzes the ways in which stated purpose clauses in a corporation’s articles of incorporation may be useful in addressing social …

Taxing Nudges, Kathleen Delaney Thomas

Faculty Publications

Governments are increasingly turning to behavioral economics to inform policy design in areas like health care, the environment, and financial decision-making. Research shows that small behavioral interventions, referred to as “nudges,” often produce significant responses at a low cost. The theory behind nudges is that, rather than mandating certain behaviors or providing costly economic subsidies, modest initiatives may “nudge” individuals to choose desirable outcomes by appealing to their behavioral preferences. For example, automatically enrolling workers into savings plans as a default, rather than requiring them to actively sign up, has dramatically increased enrollment in such plans. Similarly, allowing individuals to …

Shocking Business Bankruptcy Law, Melissa B. Jacoby

Faculty Publications

The intersection of major crises and financial distress generates no shortage of stock stories. This Essay offers one more: how shocks can be used opportunistically in big Chapter 11 cases to unravel bankruptcy law, and to shift the system further away from the objective of responding to overindebtedness.

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

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

Faculty Publications

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …

Monopolizing Whiteness, Erika K. Wilson

Faculty Publications

In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income, predominantly nonwhite school districts. The existence of predominantly white and affluent school districts in racially diverse metropolitan areas has material consequences and symbolic meaning. Materially, such districts receive greater educational inputs such as higher per-pupil spending, higher teacher quality, and newer facilities than their neighboring more racially diverse districts. Symbolically, owing to the material and status-based value attached to whiteness, the districts are also viewed as elite, which creates a magnetic effect that draws white affluent …

The Final Act -- Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan Clark

Faculty Publications

Deportation is a legal concept about which much has been written. But it is more complicated. For noncitizens, forced expulsion is a lived experience occurring in time and space — an act against the body, mostly black and brown bodies. In this Article, we part ways with the well-established narratives of deportation and the punishment/non-punishment paradigm to conceive of deportation not only as a legal concept, but as a physical act — the final act — that is, the culmination of the immigration enforcement dragnet. The physical removal of persons from the United States requires a complex system comprised of …

Gender Violence, The Carceral State, And The Politics Of Solidarity, Deborah M. Weissman

Faculty Publications

Part I of this Article examines gender violence committed by the State. It does so within the context of recent initiatives to address abusive police practices to demonstrate that issues of gender violence have been omitted from reform efforts. To that end, it provides a critical review of anti-carceral campaigns, including recent challenges to “stop-andfrisk” practices. Litigation addressing abusive police conduct has failed to identify stop-and-frisk as a particular form of gender violence. Similarly, community campaigns to oversee police body-worn camera policies have overlooked the differential ways in which survivors of gender violence are impacted by these police devices. This …

Electoral Change And Progressive Prosecutors, Ronald F. Wright, Jeffrey L. Yates, Carissa Byrne Hessick

Faculty Publications

While it is clear that a debate is happening about new approaches to the prosecutor's work, it is less clear how deep the changes go. Given the large number of prosecutor offices in the United States, it is possible that much of the change that the media documents is limited to only a few offices; it is also possible that newsworthy stories of recent prosecutor campaign debates are merely the most visible layer of a change that goes deeper. Do the media accounts focus on vivid but exceptional election campaigns, or do news stories over the' last decade reflect a …

Church Schools As Centers Of Influence In The Community: K-12 Education As Evangelism, Scott R. Ward

Faculty Publications

No abstract provided.

Validation Of A Machine Learning Brain Electrical Activity-Based Index To Aid In Diagnosing Concussion Among Athletes, Jeffery J. Bazarian, Robert J. Elbin, Douglas J. Casa, Gillian A. Hotz, Christopher Neville, Rebecca M. Lopez, David M. Schnyer, Susan Yeargin Ph.D., Atc

Faculty Publications

Importance An objective, reliable indicator of the presence and severity of concussive brain injury and of the readiness for the return to activity has the potential to reduce concussion-related disability.

Objective To validate the classification accuracy of a previously derived, machine learning, multimodal, brain electrical activity–based Concussion Index in an independent cohort of athletes with concussion.

Design, Setting, and Participants This prospective diagnostic cohort study was conducted at 10 clinical sites (ie, US universities and high schools) between February 4, 2017, and March 20, 2019. A cohort comprising a consecutive sample of 207 athletes aged 13 to 25 years with …

Perceived Vulnerability To Covid-19 Infection From Event Attendance: Results From Louisiana, Usa, Two Weeks Preceding The National Emergency Declaration, Ran Li, Bingcheng Yang, Jerrod Penn, Bailey Houghtaling, Juan Chen, Witoon Prinyawiwatkul, Brian E. Roe, Danyi Qi

Faculty Publications

Background: Individual perceptions of personal and national threats posed by COVID-19 shaped initial response to the pandemic. The aim of this study was to investigate the changes in residents' awareness about COVID-19 and to characterize those who were more aware and responsive during the early stages of the pandemic in Louisiana.

Methods: In response to the mounting threat of COVID-19, we added questions to an ongoing food preference study held at Louisiana State University from March 3rd through March 12th, 2020. We asked how likely it was that the spread of the coronavirus will cause a national public health crisis …

Well-Scale Multiphase Flow Characterization And Validation Using Distributed Fiber-Optic Sensors For Gas Kick Monitoring, Jyotsna Sharma, Otto L.A. Santos, Giuseppe Feo, Oloruntoba Ogunsanwo, Wesley Williams

Faculty Publications

Early detection of a gas kick is crucial for preventing uncontrolled blowout that could cause loss of life, loss of assets, and environmental damage. Multiphase flow experiments conducted in this research demonstrate the capability of downhole fiber optic sensors to detect a potential gas influx in real-time in a 5000 ft deep wellbore. Gas rise velocities estimated independently using fiber optic distributed acoustic sensor (DAS), distributed temperature sensor (DTS), downhole gauges, surface measurements, and multiphase flow correlations show good agreement in each case, demonstrating reliability in the assessment. Real-time data visualization was implemented on a secure cloud-based platform to improve …

Everyone, Everywhere, Every Time, Clayton A. Copeland Phd

Faculty Publications

The University of South Carolina’s Knowledge School has a commitment. The commitment: Everyone. Everywhere. Every time. The “Knowledge School” is about empowerment. It is about accessing abilities in everyone. It is about using abilities to ensure knowledge creation. And it is about using abilities to ensure equity. This chapter defines a philosophy rooted in tenets of universal access and design. It then highlights several initiatives in teaching, research, and service that put the philosophy into action.

Contractual Procurement Alternatives Of Air Force Contingency Pharmaceuticals: A Cost-Benefit Analysis, Adam J. Brubakken, John M. Dickens, Jason Andrerson, William A. Cunningham Iii

Faculty Publications

Purpose — This paper aims to explore effective supply chain principles, through the theory of transaction cost economics, as measures to improve current contingency pharmaceutical item shortfalls in the Air Force Medical Service (AFMS) Contingency Pharmaceutical Programme. Design/methodology/approach — In this research, AFMS contingency pharmaceutical data was collected from various databases, including the Joint Medical Asset Repository, Medical Contingency Requirements Workflow and the Medical Requirements List. Through the methodology of cost-benefit analysis, alternative sourcing and fulfilment practices are evaluated. Findings — The findings of this research indicate that the application of centralized purchasing principles, in an effort to leverage prime …

Modified C-17 Taxi Procedures: A Fuel Cost Savings Exploration, Michael Wells, Michael Krester, Benjamin Hazen, Jeffery D. Weir

Faculty Publications

Purpose — This study aims to explore the viability of using C-17 reduced-engine taxi procedures from a cost savings and capability perspective. Design/methodology/approach — This study model expected engine fuel flow based on the number of operational engines, aircraft gross weight (GW) and average aircraft groundspeed. Using this model, the research executes a cost savings simulation estimating the expected annual savings produced by the proposed taxi methodology. Operational and safety risks are also considered. Findings — The results indicate that significant fuel and costs savings are available via the employment of reduced-engine taxi procedures. On an annual basis, the mobility …

Effective Early Treatment Of Microcystis Exponential Growth And Microcystin Production With Hydrogen Peroxide And Hydroxyapatite, Ian Struewing, Nathan Sienkiewicz, Chiqian Zhang, Nicholas Dugan, Jingrang Lu

Faculty Publications

: Mitigating cyanotoxin production is essential to protecting aquatic ecosystems and public health. However, current harmful cyanobacterial bloom (HCB) control strategies have significant shortcomings. Because predicting HCBs is difficult, current HCB control strategies are employed when heavy HCBs have already occurred. Our pilot study developed an effective HCB prediction approach that is employed before exponential cyanobacterial growth and massive cyanotoxin pro‐ duction can occur. We used a quantitative polymerase chain reaction (qPCR) assay targeting the toxin‐encoding gene mcyA to signal the timing of treatment. When control measures were applied at an early growth stage or one week before the exponential …

Cultural Identity Formation: A Personal Narrative, Jose Carbajal

Faculty Publications

This paper provides an autoethnography of personal experiences and perceptions of being a minoritized individual. This is the story of a professional social worker learning to adapt to social norms and expectations of self. I discuss the struggles I experienced as an adolescent and as a young adult attending college. This narrative highlights the intersection of faith and social work at moments in my professional development. It is at this intersection that this social worker learns to live a holistic life without feeling discriminated against or ashamed of his identity. I begin to actualize a reality with imperfect beings who …

Destabilizing Effects On A Classic Tri-Trophic Oyster Reef Cascade, Virginia R. Schweiss, Chet F. Rakocinski

Faculty Publications

How interactions among multiple predators affect the stability of trophic cascades is a topic of special ecological interest. To examine factors affecting the stability of the classic tri-trophic oyster reef cascade within a different context, configurations of three predators, including the Gulf toadfish, Gulf stone crab, and oystershell mud crab, were manipulated together with either oyster shell or limestone gravel substrate within a multiple predator effects (MPE) experiment. Additionally, a complimentary set of trait-mediated-indirect interaction (TMII) experiments examined the inhibition of oyster consumption relative to mud-crab size and top predator identity in the absence of other cues and factors. The …

Evaluating A Technology-Mediated Hpv Vaccination Awareness Intervention: A Controlled, Quasi-Experimental, Mixed Methods Study, Heather M. Brandt, Beth Sundstrom, Courtney M. Monroe, Gabrielle Turner-Mcgrievy, Chelsea Larsen, Melissa Stansbury, Karen Magradey, Andrea Gibson, Delia Smith West

Faculty Publications

College-aged women and men are an important catch-up population for human papillomavirus (HPV) vaccination interventions. Limited research has explored technology-mediated HPV vaccination awareness interventions aimed at college students. The purpose was to evaluate a novel, technology-mediated, social media-based intervention to promote HPV vaccination among college students. A controlled, quasi-experimental, mixed methods study examined the feasibility of a technology-based intervention among two undergraduate classes ( = 58) at a public university in the southeastern United States of America. Classes were randomized to receive one of two cancer prevention programs (i.e., HPV vaccination (intervention) or healthy weight (control)). Both programs contained eight …