Digital Commons Network^™

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Faculty Publications

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies. Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Price Gouging, The Pandemic, And What Comes Next, Kaitlin A. Caruso

Faculty Publications

Whenever there is a disaster, there are complaints of price gouging — that is, of people selling critical goods at grossly inflated prices. Over the last half-century, states and territories have increasingly responded by adopting anti-gouging laws that limit how much sellers can increase prices on at least some goods and services during an emergency. An overwhelming majority of jurisdictions now have such laws, and all share a few common characteristics. The laws vary considerably between jurisdictions, however, including on what products, services, and sellers they cover, how long they last, and how strictly they limit price increases. This Article …

The Patient's Voice: Legal Implications Of Patient-Reported Outcome Measures, Sharona Hoffman, Andy Podgurski

Faculty Publications

In recent years, the medical community has paid increasing attention to patients' own assessments of their health status. Even regulatory agencies, such as the Food and Drug Administration and the Centers for Medicare and Medicaid Services, are now interested in patient self-reports. The legal implications of this shift, however, have received little attention. This Article begins to fill that gap. It introduces to the legal literature a discussion that has been ongoing in the health care field.

Patient-reported outcome measures (PROMs) are reports of patients’ symptoms, treatment outcomes, and health status that are documented directly by patients, typically through electronic …

Litigating Partial Autonomy, Cassandra Burke Robertson

Faculty Publications

Who is responsible when a semi-autonomous vehicle crashes? Automobile manufacturers claim that because Advanced Driver Assistance Systems (ADAS) require constant human oversight even when autonomous features are active, the driver is always fully responsible when supervised autonomy fails. This Article argues that the automakers’ position is likely wrong both descriptively and normatively. On the descriptive side, current products liability law offers a pathway toward shared legal responsibility. Automakers, after all, have engaged in numerous marketing efforts to gain public trust in automation features. When drivers’ trust turns out to be misplaced, drivers are not always able to react in a …

Queer Mediated Practices As A Method To Center And Sustain Critical Health And Media Literacies, Alexander N. Vera, Vanessa Kitzie, Travis L. Wagner

Faculty Publications

Queer communities experience challenges when accessing accurate and comprehensive health information. These challenges span across media and information environments and threaten queer health promotion. This paper explored how 11 queer community health workers (CHWs) in a Southeastern US state respond to, subvert, and resist these challenges when creating digital health information resources for their queer communities. This longitudinal action research occurred over two years and included multiple qualitative data types. We analyzed these data using qualitative coding, following deductive and inductive strategies. Findings demonstrate how queer CHWs: 1) identified risks and barriers to health promotion their communities experienced; 2) created …

Visual Literacy Unframed: Planning An Oer To Improve College-Level Visual Analysis Skills, Marty Miller

Faculty Publications

No abstract provided.

Artificial Intelligence And Transformative Use After Warhol, Gary Myers

Faculty Publications

The Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith clarifies the scope of transformative use and the role of these uses in the fair use analysis. This important case has implications for a fair use analysis of artificial intelligence. This article evaluates the interaction between copyright law's fair use doctrine and typical sources and uses for artificial intelligence. In other words, the article will assess whether or not the use of copyrighted material to "train" AI programs-AI inputs-and the products of AI programs-AI outputs-are likely to found to be transformative in light of …

Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce De R. Barondes

Faculty Publications

This essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act--federal legislation funding state red-flag procedures, which allow for seizures of firearms from persons who have not committed crimes.

First, it assesses Maryland’s experience during the first year of implementing these procedures. The essay details computations, extrapolating from Maryland’s first-year experience, showing that adoption of these statutes causes blameless persons to be subject to being killed by the government at a rate comparable to or in excess of the murder rate.

Second, the essay identifies an overlooked impact of this federal legislation. The legislation’s …

The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M. L. Acri, Evan Weidner

Faculty Publications

A company that earns premarket approval of its medical device is entitled to an extension of one patent claiming the device, to make up for some of the time it spent doing premarket research. Yet, surprisingly, a mere thirteen percent of those eligible for this extension (also known as patent term "restoration") ask for one. In contrast, most drug companies entitled to this same patent extension ask for one.

In this Article, we attribute the imbalance largely to differences between the two regulatory frameworks. In brief, because the FDA classifies and regulates devices based on what they do and how …

The Causation Canon, Sandra F. Sperino

Faculty Publications

It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon-the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish "but-for" cause.

This Article is the first to name, recognize and discuss this new canon. The Article traces the birth of the canon, showing that the canon did not exist until 2013 and was not certain until 2020. Demonstrating how the Court constructed this new canon yields several new insights about statutory interpretation.

The …

Solutions Still Searching For A Problem: A Call For Relevant Data To Support "Evergreening" Allegations, Erika Lietzan, Kristina M. L. Acri

Faculty Publications

For years pharmaceutical policymaking discussions have been revolving around allegations of supposed “evergreening” by pharmaceutical companies, and policymakers have considered a range of significant policy reforms — including to antitrust law and drug regulatory law — to address this purported problem. This paper evaluates empirical data offered to substantiate “evergreening” and explains that these data — though mostly accurate — do not support proposed policy changes.

The “evergreening” claim is that by securing additional patents and FDA-related exclusivities after approval of their new drugs, brand drug companies enjoy a period of exclusivity in the market that is longer than the …

Private Environmental Nudges, Anthony Moffa

Faculty Publications

Environmentalist outcry against single-use plastics has rapidly translated into municipal and state policy. Bans and taxes on plastic bags, and, to a lesser extent, polices targeting plastic food/drink containers and plastic straws, have popped up all over the country. Many large national corporations, including Starbucks, Disney, and Hyatt to name a few, have also taken steps to reduce the amount of single-use plastics that their customers add to the waste stream.

Two ongoing discussions in the environmental law scholarship parallel these innovations in policy. The first re-examines the proper role for subnational governments in environmental policymaking, reviving a debate about …

Political Advertising In Virtual Reality, Scott P. Bloomberg

Faculty Publications

This Article is about how biometric data collected through VR technologies will greatly exacerbate existing problems with political ad microtargeting. Commercially available VR devices can—and in some cases, must—be integrated with sensors that track users’ eyes, faces, hands, and bodies. Political campaigns will be able to leverage this data to target ads with extraordinary precision. Indeed, targeting ads with biometric data may well be the next step in the evolution of microtargeted political messaging—a practice that has contributed to a rise in disinformation, filter-bubbles, and privacy invasions. If this sounds like science fiction, it is closer than you may think. …

From Comprehensive Liability To Climate Liability: The Case For A Climate Adaptation Resilience And Liability Act (Carla), Anthony Moffa

Faculty Publications

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created a uniquely broad and powerful scheme of statutory liability for environmental cleanup of contaminated sites. CERCLA famously imposes strict, retroactive, joint and severable liability. One might wonder, especially through the lens of contemporary partisanship, how such a powerful, comprehensive liability scheme passed through Congress in 1980. In large part, CERCLA’s passage can be attributed to historical context that may appear wholly unique at first blush. Now, the world confronts another watershed of environmental history and past actors face a potential flood of liability. Much of the situation is different in …

Land Prices And The Development Process, Henry J. Munneke, C. F. Sirmans, Barrett Slade

Faculty Publications

As lot area increases, it is commonly believed that land prices will increase at a nonconstant rate. In the case where the land price-area curve increases at a decreasing rate with respect to parcel area, it is believed the cost of subdividing land is the driving factor behind the concavity. This paper uses a unique data set to explore how the area elasticity of price changes over the development cycle as land moves from raw land to finished lots. The results show the area elasticity of price increases as parcels of land move through the phases of development. The results …

Comparative Genomics Of The Niche-Specific Plant Pathogen Streptomyces Ipomoeae Reveal Novel Genome Content And Organization, Natasha R. Soares, José C. Huguet-Tapia, Dongli Guan, Christopher A. Clark, Kuei Ting Yang, Olivia R. Kluchka, Raju S. Thombal, Rendy Kartika, Jonathan H. Badger, Gregg S. Pettis

Faculty Publications

The sweet potato soil rot pathogen Streptomyces ipomoeae differs in disease pathology, host range, and virulence factor production from Streptomyces species that cause scab diseases on potato and other plant hosts. Nevertheless, previous phylogenomic analysis suggested S. ipomoeae and the oldest scab species, Streptomyces scabiei, are derived from a common ancestor. While genomes of scab pathogens have been described in some detail, similar knowledge of S. ipomoeae has been lacking. Here, we performed comparative genomic analyses involving both virulent and avirulent strains of S. ipomoeae, along with other plant-pathogenic and saprophytic Streptomyces spp. The txt gene cluster for the phytotoxin …

Effect Of Storage Temperature And Produce Type On The Survival Or Growth Of Listeria Monocytogenes On Peeled Rinds And Fresh-Cut Produce, Juan Moreira, Erika Mera, Vijay Singh Chhetri, Joan M. King, Thanos Gentimis, Achyut Adhikari

Faculty Publications

Whole and fresh-cut produce are minimally processed and susceptible to microbial contamination. This study evaluated the survival or growth of L. monocytogenes on peeled rinds, and fresh-cut produce at different storage temperatures. Fresh-cut fruits and vegetables, including cantaloupe, watermelon, pear, papaya, pineapple, broccoli, cauliflower, lettuce, bell pepper, and kale (25 g pieces) were spot inoculated with 4 log CFU/g of L. monocytogenes and stored at 4 or 13°C for 6 days. Cantaloupe and bell pepper rind disks (20 cm2), mimicking whole produce were inoculated with low inoculum level (4 log CFU/mL) and high inoculum level (6 log CFU/mL) and stored …

Targeting The Aspergillus Flavus P2c Gene Through Host-Induced Gene Silencing Reduces A. Flavus Infection And Aflatoxin Contamination In Transgenic Maize, Yenjit Raruang, Olanike Omolehin, Dongfang Hu, Qijian Wei, Surassawadee Promyou, Lidiya J. Parekattil, Kanniah Rajasekaran, Jeffrey W. Cary, Kan Wang, Zhi Yuan Chen

Faculty Publications

Aspergillus flavus is an opportunistic fungal pathogen that infects maize and produces aflatoxins. Using biocontrol or developing resistant cultivars to reduce aflatoxin contamination has only achieved limited success. Here, the A. flavus polygalacturonase gene (p2c) was targeted for suppression through host-induced gene silencing (HIGS) to reduce aflatoxin contamination in maize. An RNAi vector carrying a portion of the p2c gene was constructed and transformed into maize B104. Thirteen out of fifteen independent transformation events were confirmed to contain p2c. The T2 generation kernels containing the p2c transgene had less aflatoxin than those without the transgene in six out of eleven …

Bamboo Nanocellulose/Montmorillonite Nanosheets/Polyethyleneimine Gel Adsorbent For Methylene Blue And Cu(Ii) Removal From Aqueous Solutions, Xuelun Zhang, Feng Li, Xiyu Zhao, Jiwen Cao, Shuai Liu, You Zhang, Zihui Yuan, Xiaobo Huang, Cornelis F. De Hoop, Xiaopeng Peng, Xingyan Huang

Faculty Publications

In recent years, the scarcity of pure water resources has received a lot of attention from society because of the increasing amount of pollution from industrial waste. It is very important to use low-cost adsorbents with high-adsorption performance to reduce water pollution. In this work, a gel adsorbent with a high-adsorption performance on methylene blue (MB) and Cu(II) was prepared from bamboo nanocellulose (BCNF) (derived from waste bamboo paper) and montmorillonite nanosheet (MMTNS) cross-linked by polyethyleneimine (PEI). The resulting gel adsorbent was characterized by Fourier transform infrared spectroscopy (FTIR), field emission scanning electron microscopy (SEM), X-ray photoelectron spectroscopic (XPS), etc. …

Remote Assessment Of Negative Symptoms Of Schizophrenia, David G. Daniel, Alex S. Cohen, Dawn Velligan, Phillip D. Harvey, Larry Alphs, Michael Davidson, William Potter, Alan Kott, Nina Schooler, Christopher R. Brodie, Raeanne C. Moore, Pierre Lindenmeyer, Stephen R. Marder

Faculty Publications

In contrast to the validated scales for face-to-face assessment of negative symptoms, no widely accepted tools currently exist for remote monitoring of negative symptoms. Remote assessment of negative symptoms can be broadly divided into 3 categories: (1) remote administration of an existing negative-symptom scale by a clinician, in real time, using videoconference technology to communicate with the patient; (2) direct inference of negative symptoms through detection and analysis of the patient's voice, appearance, or activity by way of the patient's smartphone or other device; and (3) ecological momentary assessment, in which the patient self-reports their condition upon receipt of periodic …

Mmst-Vit: Climate Change-Aware Crop Yield Prediction Via Multi-Modal Spatial-Temporal Vision Transformer, Fudong Lin, Summer Crawford, Kaleb Guillot, Yihe Zhang, Yan Chen, Xu Yuan, Li Chen, Shelby Williams, Robert Minvielle, Xiangming Xiao, Drew Gholson, Nicolas Ashwell, Tri Setiyono, Brenda Tubana, Lu Peng, Magdy Bayoumi, Nian Feng Tzeng

Faculty Publications

Precise crop yield prediction provides valuable information for agricultural planning and decision-making processes. However, timely predicting crop yields remains challenging as crop growth is sensitive to growing season weather variation and climate change. In this work, we develop a deep learning-based solution, namely Multi-Modal Spatial-Temporal Vision Transformer (MMST-ViT), for predicting crop yields at the county level across the United States, by considering the effects of short-term meteorological variations during the growing season and the long-term climate change on crops. Specifically, our MMST-ViT consists of a Multi-Modal Transformer, a Spatial Transformer, and a Temporal Transformer. The Multi-Modal Transformer leverages both visual …

Identification Of Oral Therapeutics Using An Ai Platform Against The Virus Responsible For Covid-19, Sars-Cov-2, Adam Bess, Frej Berglind, Supratik Mukhopadhyay, Michal Brylinski, Chris Alvin, Fanan Fattah, Kishor M. Wasan

Faculty Publications

Purpose: This study introduces a sophisticated computational pipeline, eVir, designed for the discovery of antiviral drugs based on their interactions within the human protein network. There is a pressing need for cost-effective therapeutics for infectious diseases (e.g., COVID-19), particularly in resource-limited countries. Therefore, our team devised an Artificial Intelligence (AI) system to explore repurposing opportunities for currently used oral therapies. The eVir system operates by identifying pharmaceutical compounds that mirror the effects of antiviral peptides (AVPs)—fragments of human proteins known to interfere with fundamental phases of the viral life cycle: entry, fusion, and replication. eVir extrapolates the probable antiviral efficacy …

Wooing “Willing Dupes”: The Bush Administration’S Use Of Emotional Language In The Drive Toward War With Iraq, Michael F. Russo

Faculty Publications

The publicly available texts of the George W. Bush administration from September 11, 2001, to March 19, 2003, as presented in The Public Papers of the Presidents of the United States, were analyzed for word frequency and the words themselves analyzed for emotional weight using the NRC Emotion Intensity Lexicon. Transcripts of six television news agencies (ABC, CBS, NBC, CNN, FOX, and PBS) were also analyzed for word frequency to determine the extent to which these agencies may have repeated and consequently amplified the rhetoric of the administration. Public opinion polling for this same period was examined in an …

The Real Cost To Remain Competitive: Byu Confronts Racist Past, Darron Smith, Lori Latrice Martin

Faculty Publications

College sports is a multi-billion-dollar business, and universities are looking for ways to remain competitive, including recruiting and retaining athletes from historically underrepresented groups to predominantly white institutions (PWI), many of which have a documented history of excluding non-white students, including blacks, indigenous peoples, and other people of color (often referred to as BIPOC). This article will examine the legacy of the racist teachings, past controversies, and compromises of the Church of Jesus Christ of Latter-day Saints (LDS, Mormons) along with persistent struggles to shake off its 130-year-old racist past in efforts for its flagship school, Brigham Young University, to …

Charting The Course To Advance Dei In The Ocean Sciences A Case Study, Christopher F. D’Elia, Katherine Falls, Sibel Bargu, Linda Hooper-Bùi

Faculty Publications

The Louisiana State University College of the Coast & Environment (LSU CC&E) developed a multi-faceted strategic initiative to increase its diversity, equity, and inclusion. Elements of this initiative began one-by-one over the last decade and were aggregated into a comprehensive implementation plan—the 2020 CC&E Diversity, Equity, and Inclusion Action Plan. Based on best practices in the “physical sciences” (i.e., geosciences, including oceanography), the plan aims to augment recruitment and retention using limited resources and personnel. The long-range goal is to increase the number of PhD graduates from underrepresented groups by employing strategies that start at the 6–12th grade level. The …

Simulating Grain Shape Effects And Damage In Granular Media Using Peridem, Debdeep Bhattacharya, Robert P. Lipton

Faculty Publications

We provide a numerical platform for the analysis of particle shape and topology effect on the macroscopic behavior of granular media. We work within a discrete element method (DEM) framework and apply a peridynamic model for deformable particles accounting for deformation and damage of individual particles. To accommodate arbitrary particle shapes including nonconvex ones as well as particle topology, an efficient method is developed to keep intraparticle peridynamic interaction within particle boundaries. Particle contact with the rigid boundary wall is computed analytically to improve accuracy. To speed up simulations with particles of different shapes and sizes the initial configuration is …

Seepage-Induced Pore Pressure Variations Beneath An Earthen Levee Measured With A Novel Seismic Tool, Daniel Locci-Lopez, Juan M. Lorenzo

Faculty Publications

Shear-wave seismic reflection velocity-versus-depth models can complement our understanding of seepage pore pressure variations beneath earthen levees at locations between geotechnical sites. The seasonal variations of water level in the Mississippi River create pore pressure changes in the adjacent hydraulically connected aquifer on the protected side of artificial levees. Time-lapse shear-wave velocity analysis or repetition of seismic acquisition over an area is a non-invasive method that can detect seasonal pore pressure variations in shallow (< 40 m) aquifers. The seismic reflection patterns during the seasonal pore pressure variations of the river show a distinctive change in the velocity semblance analysis, which is translated as a change in the average stress carried by the grain-to-grain contact, or simply the effective pressure. The seismic data show a greater variation of up to +140/−40 m/s or +700/−150 kPa in the confined aquifer zone, compared with the leaky confined aquifer zone of up to +46/−48 m/s or +140/−80 kPa. These relative effective pressure characteristics allow us to distinguish between confined and leaky aquifers and can be an optional approach for pressure prediction in floodplains along levees without the need to drill borings in the area to measure piezometric data.

The Link Between Marine Thermal Discharges And Nemopilema Nomurai Blooms Around Nuclear Power Plants, Jiawei Wu, Jie Kong, Edward A. Laws, Xin Liu, Changyun Wang, Jixin Chen, Mianrun Chen, Qingzhen Yao, Yantao Wang, Yu Zhen, Chaolun Li, Bangqin Huang

Faculty Publications

Recent research has shown that jellyfish blooms occur more frequently near nuclear power plants (NPPs), and a relationship between thermal discharges from the NPPs and the blooms has been hypothesized. There is, however, no direct evidence that links the thermal discharges with jellyfish blooms. In this study, we conducted 3 cruises (pre-bloom, bloom, and post-bloom) during July to September 2017 in the area surrounding the largest NPP in northern China. The water temperature near the cooling water outfall rose by 2 °C. Although we found no significant impact on phytoplankton abundance or community composition near the outfall, a broader analysis …

Key Parameters Linking Cyber-Physical Trust Anchors With Embedded Internet Of Things Systems, Michele Maasberg, Leslie G. Butler, Ian Taylor

Faculty Publications

Integration of the Internet of Things (IoT) in the automotive industry has brought benefits as well as security challenges. Significant benefits include enhanced passenger safety and more comprehensive vehicle performance diagnostics. However, current onboard and remote vehicle diagnostics do not include the ability to detect counterfeit parts. A method is needed to verify authentic parts along the automotive supply chain from manufacture through installation and to coordinate part authentication with a secure database. In this study, we develop an architecture for anti-counterfeiting in automotive supply chains. The core of the architecture consists of a cyber-physical trust anchor and authentication mechanisms …

Donating To The District Attorney, Carissa Byrne Hessick, Michael Morse, Nathan Pinnell

Faculty Publications

The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of criminal justice policy. But the academic literature assumes that, in practice, prosecutor elections fail to live up to that promise. This Article complicates that conventional wisdom with a new, national study of campaign contributions in prosecutor elections. The study offers a more complete empirical account of prosecutor accountability by analyzing contributions to local candidates as well as their election results. It details the amount of money in local prosecutor elections, including from interest groups, and the relationship between …