Digital Commons Network^™

Mass Seizure And Mass Search, Gregory Brazeal

Faculty Publications

As courts attempt to develop Fourth Amendment doctrine to address the threats to privacy created by digital surveillance technologies, a valuable doctrinal resource has been largely neglected: the law governing the seizure of persons. Just as courts today struggle with the specter of mass search using digital technologies, courts in the 1960s were confronted with the problem of mass seizure through the growing use of stop-and-frisk by police departments. The responses to mass seizure developed by the Supreme Court in Terry v. Ohio, 592 U.S. 1 (1968), and its progeny provide lessons for courts today considering how to respond to …

Christian Purpose Trusts, Thomas Simmons

Faculty Publications

Noncharitable purpose trusts are recognized under the Uniform Trust Code and the non-uniform laws of many jurisdictions. In 2019, Oregon enacted a stewardship trust statutory scheme. A stewardship trust is a purpose trust which is designed to hold and preserve corporate stock. Properly drafted, a stewardship trust can soften the indefatigable pursuit of profits that drive corporate entities. A stewardship trust can substitute ethical ideals - at least in part - for shareholder return. The purpose trust statutes of other jurisdictionscould also partially permit ambitions similar to those which motivated the Oregon legislation to be realized. The concept of a …

Saint Paul’S Trial Narrative In Acts: Imperium Rōmānum Vs. Vasileía Tou Theoú, Thomas Simmons

Faculty Publications

Saul of Tarsus (alias Paul) encountered the resurrected Christ on the road to Damascus. Thereupon, Paul not only became a follower of "the Way," he went from an aggressive persecutor of early Christians to one of its most intellectual and influential apostles. Towards the end of his life, he went on trial. Saint Paul's trial in first century Judea before Felix and Festus receive a detailed fleshing-out in the Acts of the Apostles. A quasi-prosecutor even briefly appears. But Paul's subsequent legal proceedings in Rome and his execution there are excluded from the narrative. Meanwhile, Acts portrays Christianity as a …

Is Authorship Sufficient For Today’S Collaborative Research? A Call For Contributor Roles, Nicole A. Vasilevsky, Ehsan Mohammadi, Mohammad Hosseini, Samantha Teplitzky, Violeta Ilik, Juliane Schneider, Barbara Kern, Julien Colomb, Scott C. Edmunds, Karen Gutzman, Daniel S. Himmelstein, Marijane White, Britton Smith, Lisa O'Keefe, Melissa Haendel, Kristi L. Holmes

Faculty Publications

Assigning authorship and recognizing contributions to scholarly works is challenging on many levels. Here we discuss ethical, social, and technical challenges to the concept of authorship that may impede the recognition of contributions to a scholarly work. Recent work in the field of authorship shows that shifting to a more inclusive contributorship approach may address these challenges. Recent efforts to enable better recognition of contributions to scholarship include the development of the Contributor Role Ontology (CRO), which extends the CRediT taxonomy and can be used in information systems for structuring contributions. We also introduce the Contributor Attribution Model (CAM), which …

Dynamic Written Corrective Feedback Among Graduate Students: The Effects Of Feedback Timing, Grant Eckstein, Maureen Estelle Sims, Lisa Rohm

Faculty Publications

Dynamic written corrective feedback (DWCF) is a pedagogical approach that offers meaningful, manageable, constant, and timely corrective feedback on student writing (Hartshorn et al., 2010). It emphasizes indirect and comprehensive written error correction on short, daily writing assignments. Numerous studies have demonstrated that its use can lead to fewer language errors among undergraduate and pre-matriculated college writers (see Kurzer, 2018). However, the benefits of DWCF among second language (L2) graduate writers and the role of feedback timing have not been well examined. We analyzed timed writing samples over a 12-week intervention from 22 L2 graduate students who either received biweekly …

Not Another Survey! Use Interviews Instead To Understand Needs In Your Library, Dan Broadbent

Faculty Publications

Assessment in libraries is an essential part of managing library resources to meet the needs of patrons and stakeholders. This paper discusses the advantages and disadvantages of two assessment devices—surveys and interviews—in particular as they apply to libraries.

Measuring The Impact Of Access To Justice Programs: An Assessment Tool For Funders And Policymakers, Thomas M. Clarke, Paula Hannaford-Agor

Faculty Publications

Across the fifty states and the nation, many organizations have implemented a variety of programs to reduce the access-to-justice gap. The result is a widely varying patchwork of capabilities that provide different services and solutions in very different amounts that do not necessarily or even usually align with the problems that the target populations face. This paper proposes more of an “engineering” approach by introducing an analytical tool for organizations working on closing the access gap to estimate the potential impact of proposed solutions.

The tool can be used to: 1) assess the magnitude of an access problem that could …

Witchcraft Accusations: A Challenge For Families, Communities, And Churches In Africa, Boubakar Sanou

Faculty Publications

No abstract provided.

Freedom Of Journalism In International Human Rights Law, Edward L. Carter, Rosalie Westenskow

Faculty Publications

Contemporary attacks of various types have prompted calls for stronger public support and legal protections for journalism. Around the world, journalism faces not only government regulation that affects editorial content but also economic and corporate pressures as well as lack of public understanding of its societal functions. In the United States, courts and even journalism organizations have been reluctant to define journalism or single it out for special protection. But international human rights law presents a possible solution. This article discusses the international human rights law provisions that protect individuals engaged in journalism. The United Nations Human Rights Committee has …

On The Rhetorical Grotesque: A Mode For Strange Times, Richard Benjamin Crosby

Faculty Publications

This essay argues that the successful political careers of certain populist leaders rhetorically enact what scholars have long recognized in art, literature, and entertainment as the grotesque. The grotesque provides a theoretically rich means for describing the vulgar and chaotic public behaviors that take strong hold among anti-elite audiences at certain points in history. By closely reading comments from political leaders cast in the grotesque mold, including Silvio Berlusconi, Hugo Chavez, and Donald Trump, this essay explains not only what the grotesque is, but also when and how it is likely to find traction in a political culture ripe for …

Prototyping A Social Media Flooding Photo Screening System Based On Deep Learning, Huan Ning, Zhenlong Li, Michael E. Hodgson, Cuizhen Wang

Faculty Publications

This article aims to implement a prototype screening system to identify flooding-related photos from social media. These photos, associated with their geographic locations, can provide free, timely, and reliable visual information about flood events to the decision-makers. This screening system, designed for application to social media images, includes several key modules: tweet/image downloading, flooding photo detection, and a WebGIS application for human verification. In this study, a training dataset of 4800 flooding photos was built based on an iterative method using a convolutional neural network (CNN) developed and trained to detect flooding photos. The system was designed in a way …

Developing Implementation Research Capacity: Longitudinal Evaluation Of The King’S College London Implementation Science Masterclass, 2014-2019, Rachel Davis, Brian Mittman, Madelene Boyton, Aoife Keohane, Lucy Goulding, Jane Sandall, Graham Thornicroft, Nick Sevdalis

Faculty Publications

Background: Despite an increasing number of training opportunities in implementation science becoming available, the demand for training amongst researchers and practitioners is unmet. To address this training shortfall, we developed the King's College London 'Implementation Science Masterclass' (ISM), an innovative 2-day programme (and currently the largest of its kind in Europe), developed and delivered by an international faculty of implementation experts. Methods: This paper describes the ISM and provides delegates' quantitative and qualitative evaluations (gathered through a survey at the end of the ISM) and faculty reflections over the period it has been running (2014-2019). Results: Across the 6-year evaluation, …

Understanding Diversity – Perspectives From University Departments Hosting Large Percentages Of International Students, K. James Hartshorn, Maureen Snow Andrade, Norman W. Evans, Gwyneth Gates

Faculty Publications

The international student enrollment in some university departments has grown to the point that these students are the majority. This study sought to determine the extent to which departments hosting large numbers of international English as a second language (ESL) students demonstrate awareness and planning to address these learners’ needs. Analyses were conducted in reference to a framework designed to aid institutions in meeting international ESL students’ needs. Findings indicate some awareness of students’ needs and related strategies for linguistic and cultural development. They also demonstrate that the proposed framework could foster more intentional strategies to ensure international student success.

Host Abundance Correlates With Gulf War Illness Symptom Persistence Via Nlrp3-Mediated Neuroinflammation And Decreased Brain-Derived Neurotrophic Factor, Diana Kimono, Dipro Bose, Ratanesh K. Seth, Ayan Mondal, Punnag Saha, Patricia Janulewicz, Kimberly Sullivan, Stephen Lasley, Ronnie Horner, Nancy Klimas, Saurabh Chatterjee

Faculty Publications

Neurological disorders are commonly reported among veterans who returned from the Gulf war. Veterans who suffer from Gulf War illness (GWI) complain of continued symptom persistence that includes neurological disorders, muscle weakness, headaches, and memory loss, that developed during or shortly after the war. Our recent research showed that chemical exposure associated microbial dysbiosis accompanied by a leaky gut connected the pathologies in the intestine, liver, and brain. However, the mechanisms that caused the symptoms to persist even 30 years after the war remained elusive to investigators. In this study, we used a rodent model of GWI to investigate the …

Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment, Alexander Gouzoules

Faculty Publications

The Treason Clause creates an individual right at a criminal trial that could have logically been placed within the Fifth Amendment rather than Article III: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” It has effectively prevented expansive uses of the charge at the federal level. But states may also charge citizens with treason against state governments, and many such prosecutions have played important roles in American history.

This article reviews the parallel histories of state and federal treason prosecutions. It then analyzes …

Towards Ending The Hiv Epidemic In The Us: State Of Human Immunodeficiency Virus Screening During Physician And Emergency Department Visits, 2009 -2014, Bankole Olatosi, Khairul Alam Siddiqi, Donaldson Fadael Conserve

Faculty Publications

Human immunodeficiency virus (HIV) testing is important for prevention and treatment. Ending the HIV epidemic is unattainable if significant proportions of people living with HIV remain undiagnosed, making HIV testing critical for prevention and treatment. The Centers for Disease Control and Prevention (CDC) recommends routine HIV testing for persons aged 13 to 64 years in all health care settings. This study builds on prior research by estimating the extent to which HIV testing occurs during physician office and emergency department (ED) post 2006 CDC recommendations.

We performed an unweighted and weighted cross-sectional analysis using pooled data from 2 nationally representative …

Leisure As Immediate Conscious Experience: Foundations, Evaluation, And Extension Of The Theory Of Structured Experiences, Gary D. Ellis, Jingxian Jiang, Patti A. Freeman, Andrew Lacanienta, Tazim Jamal

Faculty Publications

The nature, causes, and effects of immediate conscious leisure experiences have long been central interests of scholars. Significant contributions to the field include Abraham Maslow’s studies of ecstasy and peak experience, Sigmund Koch’s descriptions of two forms of consciousness, John Neulinger’s classification of immediate conscious experiences based on their motivational contexts, Michael J. Ellis’ application of arousal theory to play, Howard and Diane Tinsley’s theory of the leisure experience, Mihaly Csikszentmihalyi’s career of inquiry into the “flow” phenomenon, and recently, the theory of structured experience (TSE). This paper reviews research on leisure as immediate conscious experience relating to development of …

Uncooperative Environmental Federalism 2.0, Jonathan H. Adler

Faculty Publications

As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This Essay provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.

Preventing Whack-A-Mole Management Of Consumer Debt Cases: A Proposal For A Coherent And Comprehensive Approach For State Courts, Paula Hannaford-Agor, Brittany Kauffman

Faculty Publications

The debt burden is growing, and there is a strong likelihood that state courts will see corresponding increases in debt collection caseloads. To meet the challenge, state courts need to implement policies, rules, procedures, and business practices to manage consumer debt collection cases in a more consistent and coherent manner. As part of the Civil Justice Institute Implementation Plan, the National Center for State Courts and Institute for the Advancement of the American Legal System conducted preliminary research to document the impact of rules enacted in New York State on consumer debt litigation. The project also included an exploratory survey …

Property's Problem With Extremes, Lynda L. Butler

Faculty Publications

Western-style property systems are ill-equipped to deal with extremes--extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies--situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now …

Sizing Up Corporate Restructuring In The Covid Crisis, Robin Greenwood, Benjamin Iverson, David Thesmar

Faculty Publications

In the wake of the COVID-19 pandemic, the financial and legal system will need to deal with a surge of financial distress in the business sector. Some firms will be able to survive, while others will face bankruptcy and thus need to be liquidated or reorganized. Many surviving firms will need to be downsized or acquired. In normal times, this triage is supported by the court system, banks, and financial markets. The goal of this paper is to size up the coming surge of financial distress, list the challenges it presents in the current environment, and analyze potential policy solutions. …

Rethinking Leisure Time Use Metrics: Greater Diversity In Shared Sibling Leisure Is Associated With Higher Relationship Quality During Emerging Adulthood, Eric K. Layland, Camilla Hodge, Mikala Glaza, Jerrica O. Peets

Faculty Publications

Leisure diversity—the total number of unique leisure categories shared within a sibling dyad—may vary according to sibling characteristics (e.g., sibling gender, age difference) and predict sibling relationship quality. Using triangulated lists, brief narratives, and focus groups, we constructed a taxonomy of shared sibling leisure in emerging adulthood and then calculated individual leisure diversity scores. The sample (N ¼ 185) included college-attending emerging adults with an average age of 20.1 years (35.7% female). Taxonomic analysis suggested 19 categories of shared sibling leisure. Analyses of variance indicated differences by dyadic gender composition in endorsement rates of select leisure categories and average levels …

Reading Academic Citations: How Professors And Graduate Students Read For Different Purposes, Grant Eckstein, Sarah Miner, Katie Watkins, Judy James, Mornie Sims, Allison Wallace Baker, Larissa Grahl

Faculty Publications

Citations provide truncated yet socially complex information about sources in academic texts which students are obliged to read, comprehend, and then ultimately produce as part of an academic discourse community. While researchers have observed a developmental process whereby students produce citations during source-based writing, little work has investigated the reading stage when students visually encounter citations. In this study, we explored academic reading behaviors by examining eye movements of 27 graduate students and 18 professors as they read 6 authentic research texts for various purposes (summary, analysis, synthesis). Results of factorial ANOVAs showed no differences between students and professors but …

Dealing With Dysfunction: Negotiating With Difficult Individuals, Marc-Charles Ingerson, Kristen Bell Detienne, Jill M. Hooley, Nathan A. Black

Faculty Publications

Workplace negotiations often present daunting challenges. The negotiation process can test relationships and place reputations at risk. Moreover, in some situations, the difficulty and stress involved in routine negotiations become magnified. Approximately ten percent of working adults have personality styles or behavioral tendencies that can make interactions with them especially challenging. Identifying, understanding, and dealing with personality dysfunction in the negotiation process is therefore a critically important skill (Kessler et al. 2005; Eddy 2018). Today’s negotiators need to be able to recognize and interact with people who have difficult and dysfunctional personality traits.

Unfortunately, many of those on the receiving …

In Situ Engagement During Structured Leisure Experiences: Conceptualization, Measurement, And Theory Testing, Gary D. Ellis, Jingxian Jiang, Patti A. Freeman, Andrew Lacanienta, Elizabeth J. Ellis

Faculty Publications

We conducted an experiment to test theoretical propositions relating coherence, personalization, and provocation to in-situ engagement, deep experience, delight, and perceived value of time spent. Four hundred adults from a national panel viewed one of eight versions of a video centered on a character in Victor Hugo’s classic novel Les Miserables, and then completed measures of engagement, deep experience, delight, perceived value of time spent, preexisting familiarity with the story, and the subjective experience of provocation. Each video represented a unique combination of presence or absence of the three hypothesized determinants: coherence, personalization, and provocation. Coherence, personalization, and preexisting familiarity …

Accommodating Pregnancy Five Years After Young V. Ups: Where We Are & Where We Should Go, Nicole Buonocore Porter

Faculty Publications

This Article will explore how pregnant employees fare when they are denied accommodations in the workplace that would have allowed them to work safely through their pregnancies. The two most commonly used legal avenues for pregnant plaintiffs are the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Successful cases under the ADA were rare until Congress expanded the ADA’s definition of disability in 2008. PDA claims became easier after the Supreme Court’s 2015 decision in Young v. United Parcel Service, Inc. This Article will analyze both the body of PDA cases decided since Young, and …

Innovating Federalism In The Life Sciences, Myrisha S. Lewis

Faculty Publications

This Article challenges the view that the US. Food and Drug Administration (FDA) has exclusive Jurisdiction over life sciences innovations. Many current and forthcoming life sciences innovations are "innovative therapies" such as gene editing, gene therapy, and regenerative stem cell treatments, which are actually "hybrids" of state and federal Jurisdiction. Thus, both state and federal Jurisdiction coexist: federal Jurisdiction exists to the extent that these medical innovations use drugs or biologics, but state Jurisdiction exists to the extent that these innovations are procedures regulated by states as the practice of medicine.

This Article argues that the regulation of numerous current …

Adverse Employment Actions In Failure-To-Accommodate Claims: Much Ado About Nothing, Nicole Buonocore Porter

Faculty Publications

This Article addresses a circuit split in the disability law jurisprudence. Under the Americans with Disabilities Act (ADA), employees generally bring two types of claims against their employers—discrimination claims and failure-to-accommodate claims. Succeeding on a discrimination claim requires proving that the employee suffered an adverse employment action. Succeeding on a failure-to-accommodate claim does not. But several courts—including a recent case in the Tenth Circuit—have added this adverse-employment-action requirement into failure-to-accommodate claims. In doing so, these courts have camouflaged important issues about an employer’s obligation to provide a reasonable accommodation to disabled employees. Although I believe that courts that require an …

Legal Calculators And The Tax System, Joshua D. Blank, Leigh Z. Osofsky

Faculty Publications

Legal calculators often embody a characteristic that can be termed “simplexity.” As we have theorized, simplexity occurs when the government presents clear and simple explanations of the law without highlighting its underlying complexity or reducing this complexity through formal legal changes. In earlier work, we have argued that some elements of IRS publications (plain language summaries of the law for the general public) present contested tax law as clear tax rules, add administrative gloss to the tax law, and fail to fully explain the tax law.

In this Article, we show that simplexity also occurs when the government offers legal …

[email protected]: Using The Tech Start-Up Concept To Train, Engage, And Inform Students, Stephanie J. Coopman, Ted Coopman

Faculty Publications

Undergraduate and graduate students were enrolled in an upper-division online experiential learning course organized as a technology company start up at a public university in the US. Students participated in an academic department’s social media team, publishing a weekly newsletter and producing and curating content for multiple social media outlets designed for public and university audiences, a website for the department’s students, and a career portal. Responses to survey questions provided support for Experiential Learning Theory’s cyclical learning model. In addition, students viewed the entrepreneurial approach to the team as both liberating and challenging as they engaged with each other …