Digital Commons Network^™

Zooming In On Neutrals’ Implicit ‘Isms, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Video conferencing, extolled for its economic and efficiency benefits, has now become an accepted option in the “new normal” of dispute resolution practice. Consequently, our professional discussions about video conferencing have advanced from sharing the mechanics of “how to” conduct an arbitration or mediation on Zoom to more nuanced explorations about the appropriate use of video conferencing. This column contributes to this exploration by questioning how dispute resolution processes conducted via video conferencing might trigger the implicit biases of arbitrators and mediators and compromise a neutral’s ethical obligation to be impartial. When a neutral conducts their dispute resolution processes …

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 …

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 …

Whiteness As Contract, Marissa Jackson Sow

Faculty Publications

2020 forced scholars, policymakers, and activists alike to grapple with the impact of “twin pandemics”—the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities—on American society. As atrocious acts of anti-Black violence and harassment by law enforcement officers and white civilians are captured on recording devices, the gap between Black people’s human and civil rights and their living conditions has become readily apparent. Less visible human rights abuses camouflaged as private commercial matters, and thus out of the reach of the state, are also increasingly exposed as …

Uncertainty-Autoencoder-Based Privacy And Utility Preserving Data Type Conscious Transformation, Bishwas Mandal, George Amariucai, Shuangqing Wei

Faculty Publications

We propose an adversarial learning framework that deals with the privacy-utility tradeoff problem under two types of conditions: data-type ignorant, and data-type aware. Under data-type aware conditions, the privacy mechanism provides a one-hot encoding of categorical features, representing exactly one class, while under data-type ignorant conditions the categorical variables are represented by a collection of scores, one for each class. We use a neural network architecture consisting of a generator and a discriminator, where the generator consists of an encoder-decoder pair, and the discriminator consists of an adversary and a utility provider. Unlike previous research considering this kind of architecture, …

Optimization Of Multi-Mode Classification For Process Monitoring, Z. T. Webb, M. Nnadili, E. E. Seghers, L. A. Briceno-Mena, J. A. Romagnoli

Faculty Publications

Process monitoring seeks to identify anomalous plant operating states so that operators can take the appropriate actions for recovery. Instrumental to process monitoring is the labeling of known operating states in historical data, so that departures from these states can be identified. This task can be challenging and time consuming as plant data is typically high dimensional and extensive. Moreover, automation of this procedure is not trivial since ground truth labels are often unavailable. In this contribution, this problem is approached as a multi-mode classification one, and an automatic framework for labeling using unsupervised Machine Learning (ML) methods is presented. …

From Merging Frameworks To Merging Stars: Experiences Using Hpx, Kokkos And Simd Types, Gregor Dais, Srinivas Yadav Singanaboina, Patrick Diehl, Hartmut Kaiser, Dirk Pfluger

Faculty Publications

Octo-Tiger, a large-scale 3D AMR code for the merger of stars, uses a combination of HPX, Kokkos and explicit SIMD types, aiming to achieve performance-portability for a broad range of heterogeneous hardware. However, on A64FX CPUs, we encountered several missing pieces, hindering performance by causing problems with the SIMD vectorization. Therefore, we add std:experimental:simd as an option to use in Octo-Tiger's Kokkos kernels alongside Kokkos SIMD, and further add a new SVE (Scalable Vector Extensions) SIMD backend. Additionally, we amend missing SIMD implementations in the Kokkos kernels within Octo-Tiger's hydro solver. We test our changes by running Octo-Tiger on three …

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 …

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.

Survey Of Recent Applications Of Artificial Intelligence For Detection And Analysis Of Covid-19 And Other Infectious Diseases, Richard S. Segall, Vidhya Sankarasubbu

Faculty Publications

The purpose is to illustrate how artificial intelligence (AI) technologies have been used for detection and analysis of COVID-19 and other infectious diseases such as breast, lung, and skin cancers; heart disease; and others. Specifically, the use of neural networks (NN) and machine learning (ML) are described along with which countries are creating these techniques and how these are being used for COVID-19 or other disease diagnosis and detection. Illustrations of multi-layer convolutional neural networks (CNN), recurrent neural networks (RNN), and deep neural networks (DNN) are provided to show how these are used for COVID-19 or other disease detection and …

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 …

Supply Chain Transparency: Consumer Reactions To Incongruent Signals, Diane A. Mollenkopf, Simone T. Peinkofer, Yu Chu

Faculty Publications

In response to consumers' growing interest in how products are sourced, produced, and distributed, organizations are increasingly transparent about their supply chain sustainability practices. Supply chain transparency (SCT) efforts are intended to signal positive information about the company to consumers but the benefits are often unclear, especially when consumers receive multiple, but mixed signals that include negative events. We draw on signaling theory to explore how consumers develop impressions of a company's products based on different evaluative dimensions: the positive integrity signal of SCT and the negative capability signal of a product recall. The incongruent signal set creates ambiguity for …

Predicting And Explaining Pre-Service Teachers’ Social Networking Technology Adoption, Nandita Gurjar, Stephen Sivo

Faculty Publications

This research study examined pre-service teachers’ (N=250) intentions to adopt Twitter for professional development. The study used the Technology Acceptance Model to test research hypotheses grounded in the literature. The data were collected with a survey questionnaire and analyzed with Structural Equation Modelling. Findings indicated that ease of use, subjective norms, and perceived connectedness explained the variability in intentions to use Twitter. Perceived mobility, mediated through perceived behavioral control, explained participant differences in the perceived ease of use. Implications for stakeholders include highlighting the role subjective norms and mobile applications play in facilitating the ease of use and connectedness because …

The Character Of Jury Exclusion, Anna Offit

Faculty Publications

Encounters with the legal system are unevenly distributed throughout the American population, with Black and poor citizens targeted as disparate subjects of surveillance, arrest, and criminal conviction. At the same time, these encounters, as well as a stated belief in the unfairness of the legal system, are commonly viewed as legitimate grounds for excusal from jury service. This follows from an understanding of juror bias that assumes that people with negative experiences with legal actors—police and prosecutors, for example—will be less likely to trust and more likely to discount the contributions of those actors within the context of the jury …

Old Age As The Hidden Sentencing Factor, Adam M. Gershowitz

Faculty Publications

Imagine two doctors who illegally sold opioids in exchange for cash. Both doctors sold roughly the same quantity of pills, had no prior criminal convictions, and accordingly faced the same sentencing guidelines range. The major difference was that one doctor was in his sixties and considerably older than the other doctor. The Federal Sentencing Guidelines provide that judges should consider a defendant's age only in atypical cases. Yet, this Article demonstrates that older defendants received sentencing discounts far more often than younger defendants convicted of the same crime.

This Article gathers sentencing data for almost 130 doctors convicted in federal …

Fundamental Criminal Procedure (2022 Edition), Fredric I. Lederer

Faculty Publications

Fundamental Criminal Procedure explores American criminal procedure in a format ultimately destined for electronic publication. Because many students devote a great deal of their class time to taking notes, often at the expense of creative analysis, the text is intended to supply all of the necessary “black letter law” needed for mastery of the subject. The materials are, however, far more than a “study aid.” They emphasize where appropriate the crucial philosophical and policy questions and issues inherent in the subject. Periodic “Review Questions” require understanding application of academic material in a pragmatic context. “Legal Briefs” require the student to …

#Metoo And The Process That's Due: Sexual Misconduct Where We Live, Work, And Learn, Nicole Buonocore Porter

Faculty Publications

The #MeToo movement has been instrumental in bringing attention to the pervasiveness of sexual harassment and sexual assault (collectively, sexual misconduct) in all walks of life and in all environments, including at work, school, home, and out in public. But the movement has also brought with it a great deal of confusion about how we define sexual misconduct and whether and when legal liability attaches. Part of the confusion can be blamed on the fact that at least three discrete areas of law can possibly apply to sexual misconduct—criminal law, Title VII (when the sexual misconduct takes place in the …

Election Surveillance, Rebecca Green

Faculty Publications

For most of this country's history, we have relied on human eyes and ears to oversee our system of elections. Modern surveillance tools, from cell phones to video streaming platforms, are now cheap and ubiquitous. Technology holds great promise to increase election transparency. But the 2020 election confirmed what has become quite clear: the use of technology to record election processes does not always serve the goal of reassuring the public of the integrity of elections; in fact, it can do the opposite. As legislatures around the country reexamine rules governing elections following the 2020 election, an underexplored question is …

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

Part I begins with a brief sketch of the common law environmental protection that preceded and matured alongside the development of environmental regulation, including the rise of federal common law actions for interstate pollution. With an eye toward preemption, and its role within our federalist system, Part II sketches the system of state and local environmental regulation that served as the background for the adoption of federal environmental law. While federal environmental laws are quite comprehensive and far-reaching, they operate alongside state and local efforts, often in collaborative fashion, and rarely preempt state regulation or litigation. [...]

Parts III and …

Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman

Faculty Publications

In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …

Our New Normal? How Covid-19 Accelerated Pre-Pandemic Trends In State Court Litigation, Paula Hannaford-Agor

Faculty Publications

This Article briefly summa­rizes thirty years of research conducted by the National Center for State Courts (NCSC) on civil litigation in state courts, highlighting the most important trends for contemporary civil justice stakeholders. It then describes the impact of the COVID-19 pandemic on civil caseloads and its implications for civil case processing. It concludes with a description of the civil justice reforms endorsed by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) to address pandemic-related backlogs and to ensure a more effective civil justice system.

This abstract has been taken from the author's introduction.

Divine Attribution? The Interaction Of Religious And Secular Beliefs On Climate Change Attitudes, Paul Djupe, Ryan P. Burge

Faculty Publications

No abstract provided.

Effects Of Co-Incubation Of Lps-Stimulated Raw 264.7 Macrophages On Leptin Production By 3t3-L1 Adipocytes: A Method For Co-Incubating Distinct Adipose Tissue Cell Lines, Cristina Caldari, Jordan Beck

Faculty Publications

No abstract provided.

“You Don’T Belong In Nashville!”: Politics, Country Music, And The Reception Of Robert Altman’S Nashville, Dan Blim

Faculty Publications

Robert Altman’s film Nashville (1975) generated a prodigious amount of press commentary following its release. Early on, critics praised the film, but a disappointing box office led many to assume a split between big-city liberal audiences and small-town conservative audiences. Subsequent press coverage connected this divide to both the film’s politics and its use and portrayal of country music, as political pundits, music critics, country music stars, and general audiences weighed in. This essay situates the reception of the film within a shifting country music industry, which was growing increasingly aligned with the Republican Party and increasingly suspicious of new …

Libraries In The Doughnut Economy, Monika Antonelli, Rene Tanner, Rebekkah Smith Aldrich, Adrian K. Ho

Faculty Publications

This chapter unpacks the principles behind Doughnut Economics and explains how libraries can lead a long overdue social transition by incorporating the principles into their policies and operations. The actualization of Doughnut Economics will bring about a positive transformation of people’s behavior, which in turn will shift the focus of the economy from unfettered growth and opportunistic monetization to the well-being of people and biodiversity on the planet. In addition, libraries can help facilitate a redistribution of wealth in its various forms by supporting and promoting knowledge sharing. The chapter concludes with a discussion of five simple acts that drive …

Band Gap Information Extraction From Materials Science Literature – A Pilot Study, Satanu Ghosh, Kun Lu

Faculty Publications

Purpose

The purpose of this paper is to present a preliminary work on extracting band gap information of materials from academic papers. With increasing demand for renewable energy, band gap information will help material scientists design and implement novel photovoltaic (PV) cells.

Design/methodology/approach

The authors collected 1.44 million titles and abstracts of scholarly articles related to materials science, and then filtered the collection to 11,939 articles that potentially contain relevant information about materials and their band gap values. ChemDataExtractor was extended to extract information about PV materials and their band gap information. Evaluation was performed on randomly sampled information records …

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 …

Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman

Faculty Publications

As society grows to understand the need to promote innovation, policymakers try to employ an arsenal of policy tools, from traditional intellectual property (“IP”) to newer tools such as grants, regulatory vouchers, and prizes. This Article argues that these frameworks crowd out certain types of investments in innovation projects that have a high social value. Vaccine innovation is a case in point. Despite the immense socioeconomic benefit of vaccines, existing policies have been limited in fostering investments in this space. This is because they fail to directly address the relevant bottleneck issues distinct to vaccine development.

This Article offers a …

Why Insurance Needs A Restatement: The Case Of Settlement Decision Law, Chaim Saiman

Faculty Publications

Even before its publication, the Restatement of the Law, Liability Insurance had been subjected to withering wholesale criticism that it creates aspirational and pro-policyholder insurance law. This view continues to be forcefully promoted by insurers and their advocates in the legal literature and by governors and state legislatures in the political areas.

This Article finds these wholesale criticisms unwarranted. Liability insurance law is not a field where law is simply found and restated. In fact, settlement law offers the most vivid examples of why the Restatement of the Law, Liability Insurance is possible, useful, and justified. It is possible because …

Viral Sovereignty,Vaccine Diplomacy,And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Faculty Publications

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …