Digital Commons Network^™

International Law And The Rise Of Populism, Shruti Rana, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Imogen Saunders

Faculty Publications

Contemporary legal scholarship seeks to diagnose populist antagonism towards national and international law and warn about the challenges it poses to the cooperation needed to respond to global threats. What this scholarship overlooks, however, is the role that major shifts in international legal normativity and conceptions of global governance have themselves played in incubating the conditions far the rise of populism. Against the prevailing literature, this Article argues that the key to unlocking this puzzle is recognition that populism, rather than constituting an external social pathology, is a mode of politics arising internal to the intellectual history and practice of …

Moore Questions, Some Answers: Fixing The Personal Tax System Despite Constitutional Constraints, David Gamage, John R. Brooks, Edward J. Mccaffery

Faculty Publications

Moore v United States was expected to rule on the constitutional necessity of the tax-law realization requirement originating from Eisner v Macomber, a potential impediment to progressive tax reform efforts aimed at shutting down the planning techniques of Buy Borrow Die. The various opinions in Moore, however, provided no definitive answer to this core question, instead leaving many more questions. Amid the lingering uncertainty, we argue that various responses to the problem of wealthy Americans’ not needing to pay any taxes remain possible after Moore. An incremental, “mix-and-match” approach to progressive tax reform may best suit the …

Mini Worldlit: A Dataset Of Contemporary Fiction From 13 Countries, Nine Languages, And Five Continents, Andrew Piper, Mathias Iroro Orhero, David Bamman, Emrah Peksoy, Christina Han, Pallavi Rastogi, Jens Bjerring-Hansen, Sebastian Rasmussen, Hoyt Long, Roel Smeets, Itay Marienberg-Milikowsky, Alexandra Stuart, Tom Mcenaney, Mads Rosendahl Thomsen

Faculty Publications

World literature plays a key role in understanding the global diversity of human storytelling. However, datasets suitable for large-scale cross-cultural analysis remain limited. Responding to the increasing digitization of literary texts and the need for more diverse and multilingual resources, we introduce Mini Worldlit, a manually curated dataset of 1,192 works of contemporary fiction from 13 countries, representing nine languages across five continents. Mini Worldlit employs consistent cross-cultural selection criteria, overseen by scholarly experts, to ensure geographic, linguistic, and stylistic coherence. The dataset provides a foundation for future comparative studies of global literary cultures, offering a template for cross-cultural sampling. …

Is Verbal Rehearsal Strategic? An Investigation Into Overt Rehearsal Of Nameable Pictures In 5- To 10-Year-Old Children, Candice C. Morey, Angela M. Aubuchon, Meg Attwood, Thomas Castelain, Nelson Cowan, Davide Crepaldi, Emilie Fjerdingstad, Eivor Fredriksen, Chris Jarrold, Chris Koch, Jaroslaw R. Lelonkiewicz, Gary Lupyan, Whitney Mendenhall, David Moreau, Christina Schonberg, Christian K. Tamnes, Haley Vlach, Emily M. Elliott

Faculty Publications

Though verbal rehearsal is a frequently endorsed strategy for remembering short lists among adults, there is ambiguity around when children deploy it, and what circumstantial factors encourage them to rehearse. We recoded data from a recent multilab replication of a serial picture memory task in which children were observed for evidence of task-related speech or lip movements to extract finer-grained detail about how children spoke during the task. With these data, we aimed to better understand the manner in which children rehearse and the task scenarios which elicit overt rehearsal. Children in several countries from 5 to 10 years old …

Beyond Reoffending And Rearrest: Expanding The Collateral Consequences Of Formal Processing To Youth Homelessness, Natasha Chlebuch, Jennifer Paruk, Caitlin Cavanagh, Paul J. Frick, Laurence Steinberg, Elizabeth Cauffman

Faculty Publications

There is robust evidence that juvenile justice contact during formative years is associated with deleterious outcomes. The effect of juvenile court intervention on youth homelessness, however, has received scant empirical attention despite evidence that many justice-involved youth are represented in the unhoused youth and adult population. This study leverages data collected from the Crossroads Study (N = 1115), a longitudinal, multi-site study to explore the impact of formal processing on subsequent experiences with homelessness. This study found that even when accounting for the effect of detention and other factors associated with youth homelessness, youth who were formally processed were twice …

Academic Screening In Middle School: Exploring Bivariate And Intraindividual Relations In Reading And Math Performance, Kelly N. Clark, Garret J. Hall

Faculty Publications

Early adolescence is a pivotal time for academic development; however, the vast majority of research on reading and math development within a multitiered system of support has been conducted among elementary students. Using triannual (Fall, Winter, Spring) academic screening data, we examined the transactional development of reading and math skills among sixth and seventh grade students (N = 1,693) using Bayesian longitudinal structural equation modeling (SEM). We find equivocal support for four of the five types of longitudinal SEMs tested (dual-change, linear change, proportional change, latent curve with structured residuals, and random-intercepts cross-lagged models). Stable between-person differences in math and …

A Review Of Flood Mitigation Benefit-Cost Analyses’ Inclusiveness Of Environmental Watershed Effects And Environmental Vulnerability: Gaps In Progress Towards More Resilient Flood Hazard Decision-Making, Fahmida Akhter, Sapana Bastola, Jerrod Penn, Thomas Douthat

Faculty Publications

US and EU flood mitigation policy both incorporate considerations of costs and benefits, and in recent years have taken steps to encourage accounting for positive and negative effects on vulnerable populations, broader non-market environmental impacts, and downstream effects beyond the target area of projects of flood mitigation projects. This work highlights the extent to which previous academic flood mitigation Benefit-Cost Analyses (BCA) papers have comprehensively considered such project effects. We do so through a systematic, PRISMA-style, review of BCA literature in the broader field of flood hazard mitigation and resilience decision-making. Our results suggest 1) most projects focus on monetizing …

Exercise And Nutrition To Improve Cancer Treatment-Related Outcomes (Enicto), Kathryn H. Schmitz, Justin C. Brown, Melinda L. Irwin, Kim Robien, Jessica M. Scott, Nathan A. Berger, Bette Caan, Andrea Cercek, Tracy E. Crane, Scott R. Evans, Jennifer A. Ligibel, Jeffrey A. Meyerhardt, Tanya Agurs-Collins, Karen Basen-Engquist, Jennifer W. Bea, Sheng F. Cai, Brenda Cartmel, Vernon M. Chinchilli, Wendy Demark-Wahnefried, Christina M. Dieli-Conwright, Loretta Dipietro, Shawna E. Doerksen, Sharon L. Edelstein, Joanne Elena, William Evans, Leah M. Ferrucci, Julia Foldi, Sarah Freylersythe, Helena Furberg, Lee W. Jones, Ross Levine, Chaya S. Moskowitz, Cynthia Owusu

Faculty Publications

Chemotherapy treatment-related side effects are common and increase the risk of suboptimal outcomes. Exercise interventions during cancer treatment improve self-reported physical functioning, fatigue, anxiety, and depression, but it is unclear whether these interventions improve important clinical outcomes, such as chemotherapy relative dose intensity. The National Cancer Institute funded the Exercise and Nutrition to Improve Cancer Treatment-Related Outcomes (ENICTO) Consortium to address this knowledge gap. This article describes the mechanisms hypothesized to underpin intervention effects on clinically relevant treatment outcomes, briefly outlines each project’s distinct research aims, summarizes the scope and organizational structure of ENICTO, and provides an overview of the …

Indirect Earnings Management, Scott B. Jackson, Jason T. Rasso, Aaron F. Zimbleman

Faculty Publications

We hypothesize that managers use their hierarchical role as reviewers of accounting judgments and estimates to manage earnings, which we call indirect earnings management (IEM). Across a series of experiments using highly experienced financial executives as participants, we provide evidence that IEM (1) is likely used by managers to achieve current and future earnings targets, (2) reduces both cognitive dissonance associated with managing earnings and the extent to which managers think that their behaviors constitute earnings management, and (3) is more likely to be used when corporate governance is strong than when corporate governance is weak. The results of this …

Artificial Intelligence In Educational Research And Scholarship: Seven Framings, Eamon Costello, Giselle Ferreira, Stefan Hrastinski, Jason K. Mcdonald, Ahmed Tlili, George Veletsianos, Victoria I. Marin, Henk Huijser, Sharon Altena

Faculty Publications

In a recent interview (Bender et al., 2025), Professor Emily M. Bender discussed the limitations of technical solutions in addressing harmful Artificial Intelligence (AI) bias. She described a particular point we may reach at which technical solutions stop working, and when we should then widen the lens to ask about the problem framing itself. This is a crucial step in any inquiry that is of concern to both novice and experienced researchers alike: moving from problem-solving to problematisation. This commentary aims to provide educational researchers with a glimpse into the wide array of research problems and problematisation of AI in …

Designing For Relational Ethics In Online And Blended Learning: Levinas, Buber, And Teaching Interfaith Ethics, Michael Hubbard Mackay, Jason K. Mcdonald, Andrew C. Reed

Faculty Publications

Online and blended learning (OBL) overemphasize the process of creating artifacts, producing strategies, or otherwise utilizing a “making” orientation in education. As an alternative to this making-orientation, we offer a model for relational course design founded in the philosophies of Emmanuel Levinas and Martin Buber. We examine an OBL course design focused on interfaith leadership and ethics that lends itself to the need for relational pedagogy. The focus on asymmetrical and symmetrical relationships that separate Levinas and Buber’s philosophies enable rich ways of designing relational pedagogies and for resisting the making orientation. By focusing on human relationships, we demonstrate design …

The Development Of A Rag-Based Artificial Intelligence Research Assistant (Aira), Hamid Vakilzadeh, David A. Wood

Faculty Publications

No abstract provided.

Sffa V. Harvard: Racial Triangulation And The Invidious Myth Of Colorblindness, Philip Lee

Faculty Publications

(Excerpt)

In Students for Fair Admissions, Inc. (SFFA) v. President and Fellows of Harvard College, a case in which the Supreme Court ended the longstanding practice of race-conscious admissions in higher education, Asian Americans were used as a wedge between White people and non-Asian minorities to eradicate a mechanism that fostered greater racial diversity in student bodies in many highly selective institutions across the country. A majority of Supreme Court justices justified their decision in the name of “colorblindness.” However, the way the justices positioned Asian Americans against other people of color was not colorblind. It was consistent with …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

Getting The Reader To Say “Yes”: Applying Negotiation Principles From The Books Getting To Yes And Getting Past No To Achieve Effective And Persuasive Legal Writing, Patricia G. Montana

Faculty Publications

This Article explores the relationship between the strategies of principled negotiation and effective persuasive legal writing as articulated in the best-selling books, Getting to Yes and Getting Past No. Though there is substantial scholarship advocating adding a negotiation component to legal writing instruction, there is little scholarship addressing how to apply the concepts of principled negotiation to persuasive writing itself. In this Article, the Author explains the foundational concepts of principled negotiation and then shows how they relate and apply to drafting an effective piece of persuasive legal writing. Looking at written advocacy through a negotiation lens reinforces good …

Studying Repeat Victimization: A Consideration Of Measurement Issues, Christi Metcalfe, Robert Brame, Tara E. Martin, Angela R. Gover

Faculty Publications

Decades of research have recognized the phenomenon of repeat victimization and its policy relevance. Although there are continuing efforts to explain the theoretical underpinnings of repeat victimization, there are still measurement-related issues that limit our understanding of the topic and ability to inform interventions, including varying operational definitions, data constraints, and sampling and nonsampling error. In this article, we review theoretical advances in the literature over the past decade, propose operationalizations that can foster greater consistency across studies, comprehensively assess the data constraints around commonly used public data sources to study repeat victimization, and empirically demonstrate how one of these …

Intensive Longitudinal Models, Robert E. Ployhart, Paul D. Bliese, Sam D. Strizver

Faculty Publications

Intensive longitudinal models (ILMs) allow researchers to analyze nested data collected through frequent measurements—typically 20 or more repeated occasions—over densely spaced durations. Rather than being a single statistical approach, ILMs encompass various models unified by their capability to handle densely collected longitudinal data. We briefly summarize the nature of intensive longitudinal designs and why such designs require the use of ILMs. We then provide a classification typology to help readers understand the features of an ILM they should adopt. This classification typology provides the structure for a narrative review of existing ILM research. We conclude with specific recommendations for using …

How Overcoming Linguistic Discrimination Benefits The World, Joseph A. Stanley, Lisa Morgan Johnson, Eve Okura Koller, Vashti Wai Yu Lee, Hallie Davidson, Valeria Prieto Hurtado, Sam Keddington, Hazel Mattson, Abigail Mueller, Sydney Jo Pederson, Maryn Perschon, Reese Rugg, Eliza Whiting

Faculty Publications

What is linguistic discrimination?

• Restricting access or opportunities based on speech (e.g., accent, pronunciation, grammatical system, tone or pitch)
• One of the last socially acceptable discriminatory practices in the international community
• A source of injustice that impacts many of God’s children every day

Linguistic discrimination is real! Here’s what it looks like…

In Healthcare:

• More questions about insurance coverage; later appointments (Wisniewski and Walker 2020)
• Lower access to mental health services (Kugelmass 2016)
• More referrals for speech therapy (Charity Hudley et. al. 2018)

In Education:

• Students receiving negative judgments from teachers (Bowie & Bond 1994; Cecil 1988; Wheeler 2019)
• Teachers …

Harnessing Big Heterogeneous Data To Evaluate The Potential Impact Of Hiv Responses Among Key Populations In Sub-Saharan Africa: Protocol For The Boloka Data Repository Initiative, Refilwe Nancy Phaswana Mafuya, Edith Phalane, Amrita Rao, Kalai Willis, Katherine Rucinski, K. Alida Voet, Amal Abdulrahman, Claris Siyamayambo, Betty Sebati, Mohlago Seloka, Musa Jaiteh, Lerato Lucia Olifant, Katharine Journeay, Haley Sisel, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Neset Hikmet, Prashant Duhoon, Francois Wolmarans, Yegnanew A. Shiferaw, Lifutso Motsieloa, Mashudu Rampilo, Stefan Baral

Faculty Publications

Background: In South Africa, there is no centralized HIV surveillance system where key populations (KPs) data, including gay men and other men who have sex with men, female sex workers, transgender persons, people who use drugs, and incarcerated persons, are stored in South Africa despite being on higher risk of HIV acquisition and transmission than the general population. Data on KPs are being collected on a smaller scale by numerous stakeholders and managed in silos. There exists an opportunity to harness a variety of data, such as empirical, contextual, observational, and programmatic data, for evaluating the potential impact of HIV …

Longitudinal Assessments Of Viral Rebound Among People With Hiv In South Carolina: A Population-Based Cohort Study, Jiayang Xiao, Xueying Yang Ph.D., Yunqing Ma, Bankole Olatosi Ph.D., Sharon Weissman, Xiaoming Li Ph.D., Jiajia Zhang Ph.D.

Faculty Publications

Routinely monitoring viral rebound (VR) is important in the life course of people with HIV (PWH). This study examined risk factors for time to the first VR, the number of VRs and their association with VR history in men who have sex with men (MSM). It includes 8176 adult PWH diagnosed from January 2005 to December 2018, followed until July 2021. We used the Cox model for time to the first VR, the Poisson model for a number of VRs, and logistic regression for VR history in MSM. Younger individuals (50–59 years vs 18–29 years, aHR: 0.43, 95% CI: [0.34, …

Caregiving Burdens Of Task Time And Task Difficulty Among Paid And Unpaid Caregivers Of Persons Living With Dementia, Matthew Lee Smith, Jodi L. Southerland, Malinee Neelamegam, Gang Han, Shinduk Lee, Chung Lin Kew, Juanita Dawne R. Bacsu, Elyse Couch, Steffi M. Kim, Monique J. Brown Ph.D., Mph, Ayse Malatyali, Lucas Wilson, Zahra Rahemi, Jeremy Holloway, Marcia G. Ory

Faculty Publications

Background: Demands of caregivers of persons living with dementia (PLWD) are often influenced by the context of their caregiving situation. This study examines common and unique factors associated with caregiving burden in terms of task time and task difficulty among paid and unpaid caregivers of PLWD. Methods: Cross-sectional baseline survey data were analyzed from 107 paid and unpaid caregivers of PLWD participating in a larger NIH-funded study assessing the feasibility of using a novel in-situ sensor system. Oberst Caregiving Burden Scale constructs of task time and task difficulty served as dependent variables. Two least squares regression models were fitted, controlling …

Investing In The Development Of The Next Generation Of Mch Leaders, Karen A. Mcdonnell, Jamal Percy, Lisa Anders, Monique J. Brown Ph.D., Mph, Alice R. Richman, Julianna Deardorff, Monica S. Ruiz, Jihong Liu Sc.D., Kelli Russell, Audrey Snyder, Cassondra Marshall

Faculty Publications

The public health landscape is constantly evolving to address the strengths and needs of the community. Training for the public health workforce is leading the way, establishing an ecosystem approach that integrates individuals within social, political, and environmental contexts to promote health equity within a framework of social justice. One area of public health that is innovatively preparing the next generation of leaders is maternal and child health (MCH). In the United States, key indicators of health disparities within MCH remain stagnant, highlighting the need for training programs that develop future MCH professionals from diverse backgrounds. These professionals will deliver …

Healthcare Providers’ Perspective On Hiv Testing And Hypothetical Mhealth-Connected Linkage To Care Among Men Who Have Sex With Men (Msm) In South Carolina, Tony Brown, Prince Nii Ossah Addo, Monique J. Brown Ph.D., Mph, Xiaoming Li, Oluwafemi Adeagbo

Faculty Publications

Background: HIV continues to be an important public health concern in South Carolina (SC). However, an examination of providers’ willingness to use mHealth technologies to address ongoing barriers to HIV care and prevention strategies, particularly among men who have sex with men (MSM) is currently lacking in SC. We therefore explored HIV care providers’ perceptions of HIV testing and treatment uptake among MSM, and providers’ willingness to use mHealth technology to address barriers to HIV testing and treatment in SC. Methods: Between August and December 2021, we conducted semistructured virtual interviews with 10 HIV care providers recruited purposively based on …

Co-Parents With Benefits, Jessica Feinberg

Faculty Publications

The relationshipbetween individuals who share a common child merits significant legal and societal attention. An increasingly high percentageofchildren are being raisedby parents who are not married to each other, and modern social science research demonstrates that the quality of the relationship between co-parents has serious implications for children's well-being. When co-parentage is unaccompanied by marriage, however, the law historically has attachedfew, if any, rights and obligations to the relationship. This historical disregard for the relationship between non-marital co- parents fails to promote children's best interests. Children whose parents are not marriedto each other should not be excludedfrom the benefits that …

Data Literacy Competencies In Context: Employee Perspectives From The Workplace, Patricia Condon, Wendy G. Pothier

Faculty Publications

Data literacy is essential in today’s workplace, and professionals across roles and experience levels recognize its value. This article reports on findings from interviews with 16 supply chain and logistics professionals. The study examines how seven proposed data literacy competencies align with workplace needs, how employees address the data literacy gap, and how librarians can support workforce readiness. Findings highlight opportunities for libraries to bridge the data literacy gap through instruction and resources development that integrate technical and non-technical data skills with information literacy.

Rebuilding The Foundation: Addressing A Crisis In Juror Participation, Paula Hannaford-Agor

Faculty Publications

Courts are experiencing dramatic decreases in juror response and appearance rates, threatening the future of jury trials and the legitimacy of the American justice system. Effective strategies exist to reverse this trend, if justice system stakeholders are willing to employ them.

Accidental Brady Violations, Adam M. Gershowitz

Faculty Publications

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct.

But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is …

The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism, James G. Dwyer

Faculty Publications

Among recent developments in family law, the most prevalent issue on legislative agendas has been Kincare as an alternative to non-relative foster care when maltreated children cannot remain with parents. Long an available option legally but traditionally regarded with skepticism by child protection workers, Kincare is now idealized. A steady stream of state legislative bills aims to encourage or command child protection and foster care agencies to place maltreated children in the home of relatives or friends of their parents whenever one is available, ostensibly based on an assumption that this is categorically better for children than living with unrelated …

History's Identity Crisis, Allison Orr Larsen

Faculty Publications

Lower court judges across the country are struggling to manage the Supreme Court’s new “history and tradition” test that applies to Second Amendment challenges. This Article articulates one fundamental reason for the struggle: nobody is quite sure what a judge is actually doing when she evaluates claims about what happened in the past. Is it traditional legal reasoning— weighing evidence and looking for patterns? Is it fact-finding of the sort we think expert historians should testify about—conveying to a trial judge the best evidence we have about the purpose of colonial gun laws? Or is it a different sort of …

Fairness Writ Large Or Small In International Criminal Justice, Nancy Amoury Combs

Faculty Publications

For this symposium, I was not assigned to talk about Megan [Fairlie]’s work per se, and so I initially planned to discuss something completely different. In the end, however, I came back to Megan’s work because I believe her scholarship provides a new way of thinking about the entrenched challenges currently facing our collective field of study: international criminal law and procedure.

As we all know, Megan was an accomplished comparativist, and her area of expertise was criminal procedure. Even more particularly, Megan specialized in the criminal procedure of the still relatively new international criminal courts and tribunals. She focused …