Digital Commons Network^™

Addressing The Challenges Of Cognitive Decline In The Physician Workforce, Sharona Hoffman

Faculty Publications

This book chapter examines the growing challenge of cognitive decline among aging physicians and analyzes various approaches to addressing it. In 2024, twenty percent of working physicians were sixty-five or older, and evidence suggests that 12-14% of older clinicians have cognitive deficits that may affect job performance. The chapter evaluates two primary approaches to cognitive assessment: employer-initiated programs and programs operated by state medical boards. Employer "late career practitioner policies" (LCPP) that require older physicians to undergo testing are becoming increasingly popular among health care organizations. But they are vulnerable to challenge under disability and age discrimination laws, as evidenced …

News Media Coverage Of Measure Ula: How The Story Of La’S Big Project To Address Homelessness And Affordable Housing Got Sidetracked By The Story Of Big Real Estate, Christopher R. Martin

Faculty Publications

“Measure ULA,” named after United to House LA, was approved by voters in Los Angeles in 2022 to create a dedicated, long-term funding source for solutions to homelessness in LA, including funding the construction of affordable homes and preventing homelessness by helping tenants stay in their homes. The funding would come from a new tax on the most expensive real estate transactions in L.A. (i.e., mansion tax), and would affect fewer than 4% of all property transactions. At the end of three years of local news coverage about Measure ULA from the Los Angeles Times and LAist, the news audience …

Private Coverage, Public Risk: The Role Of Cyber Insurance In National Security Governance, Deborah L. Johnson

Faculty Publications

This Article explores the growing yet underexamined role of the commercial cyber insurance market in shaping the United States' approach to cybersecurity readiness. It argues that, as cyber threats against U.S. critical infrastructure and essential services increase, commercial cyber insurance has quietly come to function as a de facto governance tool in national cybersecurity. In hospitals, water and energy systems, and other public-facing sectors, policy language, underwriting questionnaires, and post-breach claims practices help define what counts as "reasonable" security, influence how organizations plan for and respond to incidents, and affect the pace and scope of recovery after an attack. Yet …

The Psychology Of A Favor: Why Hidden Witness Payments Demand A New Brady Rule, Adam M. Gershowitz

Faculty Publications

Prosecutors and the police regularly pay informants and other witnesses in criminal cases. These payments can be in the form of rewards, relocation expenses, crime victims funds, and even simple cash. Although witness payments are legal, prosecutors are supposed to disclose them under the Brady doctrine because they are favorable evidence that the defense could use to impeach the witness. Yet prosecutors often fail to disclose witness payments because of communication failures with the police, poor training, excessive caseloads, and occasional ethical lapses.

This Article examines dozens of hidden witness payments that prosecutors failed to disclose. In nearly eighty percent …

The Northeast Snow Survey (Ness) Feasibility Study Interest Holder Engagement Report, Sarah Nelson, G. Murray, B. Lineman, Franklin B. Sullivan, Elizabeth Burakowski, J. Beneš, J. Clayton, Alexandra R. Contosta, A. Grunes, H. Hofman, S. Koehler, C. Mccarthy, S. Mckim, C. Nadeau, K. Phillips, C. Schmitt, M. Stewart, D. Tappa, M. Webb, L. Zukiewicz

Faculty Publications

The Northeast Snow Survey (NESS) Feasibility Study was launched to address a critical gap in snowpack and weather monitoring across the northeastern United States. Unlike the western U.S., which benefits from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Snow Telemetry (SNOTEL) network, the Northeast lacks a coordinated, automated, real-time snow monitoring system—particularly at higher elevations where snowpack dynamics most strongly influence flooding, water supply, ecosystems, outdoor recreation, and working lands.

Funded through the FY2023 federal omnibus bill, the NESS Feasibility Study includes two phases: Phase 1–the content of this report–focused on interest holder engagement and …

Police Staffing Shortages, Public Awareness, And Policy Preferences, Hunter M. Boehme, Joshua Mccrain, Scott M. Mourtgos, Brandon Tregle

Faculty Publications

Since the summer of 2020, police agencies across the United States have continued to experience police staffing shortages. The consequences of understaffed police agencies are well studied, but little is known about whether the public is aware of the staffing problem and its consequences for public safety and police behavior. This study presents a pre-registered factorial survey experiment to 3105 US adults, varying the information respondents see on the consequences of staffing shortages (e.g., public safety, police behavior) and the messenger of this information (e.g., police chief, mayor). Respondents are then asked about their levels of concern about police staffing, …

When Disasters Trigger Cyber Vulnerabilities: Mapping Physical-Digital Interdependencies In Critical Infrastructure Systems, Dikshya Panta, Sicheng Wang, Aditya Sapkota, Prakash Ranganathan

Faculty Publications

Critical infrastructure (CI) systems such as power, water, communications, and emergency services are increasingly exposed to compound risks in which natural disasters and cyber incidents interact and amplify one another. Traditional risk assessments often isolate physical and digital threats, overlooking the cascading dependencies that emerge when operational stress, emergency reconfiguration, and adversarial exploitation coincide. This study conducts a 2019–2025 scoping review and introduces a Geographic Information System (GIS) driven six-stage disaster cyber compounding framework that characterizes, maps, and operationalizes compound risk across interdependent CI sectors. The framework integrates a common operating picture, analytic situational understanding, exposure mapping, threat-fingerprint encoding, detection …

Statewide Sanctuary Policies And Female Homicide Rates, 2016–2021, Kaitlin M. Boyle, Sophia Shaiman, Veronica Valencia Gonzalez, Wendy Regoeczi

Faculty Publications

The current study examines whether state immigration enforcement policies, such as sanctuary policies that limit local police cooperation with federal immigration enforcement, are associated with female homicide rates in the United States (2016–2021). We examine crude female homicide rates from the National Violent Death Reporting System (N = 244 state-years), which we stratify by race and ethnicity (Hispanic of all races, non-Hispanic Black, and non-Hispanic White) and victim–suspect relationship (domestic vs. stranger homicide). State-years with policies that are more protective of immigrants were not associated with higher homicide rates for any group. Instead, state-years with these policies reported significantly lower …

Risk And Public Judgments On Police Pursuits: A Nationally Representative Conjoint Experiment, Scott M. Mourtgos, Ian T. Adams, Kyle Mclean, Geoffrey P. Alpert

Faculty Publications

Police vehicle pursuits emphasize a central tension between law enforcement imperatives and public safety. While modern policies emphasize balancing apprehension needs against risks of continuation, little is known about whether public intuitions mirror this framework. We address this gap using a nationally representative conjoint experiment (N = 3,334) that varied eleven contextual factors across randomized pursuit scenarios. Respondents rated perceived risk, indicated whether pursuits should be terminated, and made forced-choice tradeoffs. Across all outcomes, high-risk situational factors (e.g., high speeds, adverse weather, heavy traffic, urban settings, etc.) increased perceived danger and termination support, while more serious underlying offenses, particularly …

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

Against Doctrinal Siloing: Harmonizing Fiscal Federalism And The U.S. Constitution, David Gamage, Darien Shanske

Faculty Publications

This Essay argues that constitutional law’s treatment of fiscal federalism has fractured into a bewildering collection of doctrinal silos. Federal spending that pressures states, federal preemption of state taxes, the Dormant Commerce Clause, sovereign immunity, Section 5 of the Fourteenth Amendment, and the federal taxing power are all analyzed through distinct tests, even when they implicate the same basic conflict between federal authority and state fiscal autonomy. The result is not just theoretical confusion but inconsistent constitutional answers. Current doctrine can protect states from comparatively modest liabilities while leaving uncertain whether Congress may displace large swaths of state revenue authority. …

Firearms And Fora: Constructing Public Carry Doctrine, Timothy Zick

Faculty Publications

Where can a person lawfully carry firearms in public? Under what conditions can they do so? Now that the Supreme Court has formally recognized a Second Amendment right to public carry, these are among the most important unresolved questions regarding the right to bear arms. The Second Amendment’s public carry doctrine is in its infancy. How the doctrine develops will have a profound impact on the exercise of Second Amendment rights in public places and on the public square. Integrating a new constitutional right into the public square is not a novel problem. After the Supreme Court recognized First Amendment …

The Police Archipelago: Decentralization, Police Violence, Over-Punishment, And Crime, José F. Girón

Faculty Publications

A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a critical role in the criminal justice system, and which has been the subject of intense public criticism: the police. That oversight is remarkable for two reasons. First, calls for increased local control of the police seem to ignore that America operates one of the most—if not the most—decentralized policing models in the world, with its thousands of local, …

Artificial Intelligence, Judicial Evolution, And Insurance, Renee Henson

Faculty Publications

AI-driven platforms have the potential to inflict traditional injuries in new ways. Proprietary algorithms trained on large volumes of personal data can cause mental, emotional, and sometimes physical injuries via conversational exchanges, harmful content recommendations, and the promotion of extremist content. This "algorithmic liability" fundamentally challenges existing legal doctrines and statutory protections, thereby exposing deficiencies in current insurance coverage frameworks. 

Historically, courts dismissed algorithmic liability claims early in litigation, invoking Section 230 immunity and First Amendment protections, and resisted classifying algorithmic tools as "products" for the purposes of products liability law. Recent jurisprudence, however, signals a critical turning point. On …

Piezoelectric Energy Harvesting From Roadways: Challenges, Advances, And Future Directions, Heba Gaber, Mohamed Abdelraheem

Faculty Publications

As the global demand for renewable energy intensifies, piezoelectric energy harvesting from roadways has emerged as a promising avenue for sustainable power generation. This systematic literature review analyzes 61 peer-reviewed studies to assess the feasibility, performance, and potential of integrating piezoelectric systems into roadway infrastructure. While technology faces challenges, such as high installation costs, limited energy output, and a scarcity of thorough economic evaluations, findings suggest it holds considerable promise as a supplementary renewable energy source. The review analyzes the operational characteristics and efficiencies of various piezoelectric transducers, identifies key factors influencing system performance, and evaluates recent technological advances. It …

Anti-Holistic Algorithms, Itay Ravid

Faculty Publications

This Article presents a critical tension in modern criminal justice between holistic criminal-justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk- assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as “whole persons” capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters—and potentially destroys—the holistic message itself.

In establishing this argument, the Article advances in two stages. It first identifies the development …

Fuel Adulteration Detection Using Open-Ended Coaxial Line And Circular Waveguide Techniques, Abdulrahman Alofi, Ahmed Shamseldin, Sharif Iqbal M. Sheikh, Hussein Attia

Faculty Publications

Fuel adulteration, the practice of blending lower-quality substances like kerosene with gasoline, poses significant challenges for ensuring fuel quality and safety. This study investigates two electromagnetic-based methods for detecting such adulteration: the open-ended coaxial line method and the circular waveguide method. The results reveal that the open-ended coaxial line technique is particularly effective in detecting kerosene contamination, identifying levels as low as 10% by measuring changes in the dielectric constant of the gasoline-kerosene mixture. Operating in the frequency range of 0.25–1.25 GHz, this method captures subtle changes in permittivity. In contrast, the circular waveguide method evaluates contamination by monitoring shifts …

Localizing Public Order, Brenner M. Fissell

Faculty Publications

Public order offenses—public intoxication, sleeping outside, etc.—seem trivial, but they have enormous consequences for marginalized populations. These are the offenses that justify coercive police interactions, as well as entry into the procedural morass of the criminal legal system. Accordingly, these offenses have received extensive scholarly attention, with decades of research addressing their vagueness and their impact on urban communities of color. But no work has been done to survey how much of this conduct is criminalized and at what jurisdictional level—city or state.

This Article picks up that task, undertaking a comprehensive analysis of the criminal codes of the fifty …

October 7 And International Police Cooperation: The Silence Of Interpol, Mathieu Deflem

Faculty Publications

Aim: The aim of this study is to explore the background and interpretation of Interpol’s silence following the terrorist attacks committed by Hamas against Israel on October 7, 2023. The author examines the international policing im-plications of the events, with special attention to why the world’s largest police organization failed to issue any substantive response.

Methodology: The research is based on asociological analysis combining ahistorical and institutional overview of Interpol’s counterterrorism activities with the examination of the organization’s communications and institutional decisions. It relies on qualitative sources and an interpretive, case study-based approach using public documents, records, and statements.

Findings: …

An Experimental Investigation Of Federal Messaging On Public Support For Enforcement- And Treatment-Based Approaches For Opioid Overdose Prevention In South Carolina, Lídia Gual-Gonzalez, Hunter M. Boehme, Peter Baker, Melissa Nolan Ph.D., Mph

Faculty Publications

Background

As the opioid overdose crisis continues to produce excessive morbidity and mortality in the United States, government agencies have applied various approaches to prevent overdoses, including law-enforcement efforts (e.g., arresting people who use drugs, interrupting drug traffickers, etc.) and treatment-based approaches (e.g., naloxone, medications for opioid use disorder, etc.). Public perception and support of these approaches are relevant for informing policy, allocating resources, and effectively implementing community interventions to prevent drug-related harms.

Methods

Using an embedded informational survey design, we experimentally assessed whether public support for strategies to prevent overdose in South Carolina is influenced by language from federal …

Medicaid Managed Care Organization Service Coverage And Diagnosis And Treatment Of Opioid Use Disorder: Evidence From Quasi-Random Auto-Assignment In Kentucky, Shelby R. Steuart, Miguel Antonio G Estrada, Christina Andrews Ph.D., Colleen M. Grogan, Olivia M. Hinds, Emily C. Lawler, Lauren A. Peterson, Felipe Lozano-Rojas, Emily C. Lawler, Lauren A. Peterson, Felipe Lozano-Rojas, Melissa A. Westlake, Coady Wing, Amanda J. Abraham

Faculty Publications

Introduction

Opioid-related mortality continues to claim tens of thousands of American lives annually. Medicaid plays an outsized role in financing opioid use disorder (OUD) treatment, paying for almost 40% of all Americans who received OUD treatment in 2017. Methods

Using Medicaid T-MSIS Analytic Files data and a novel data set of Medicaid managed care organization (MCO) plan coverage, we examined the relationship between comprehensiveness of benefits for OUD treatment provided by Medicaid MCO plans and the likelihood of OUD diagnosis and medications for OUD (MOUD) receipt among newly enrolled Medicaid beneficiaries in Kentucky. We use two stage least squares to …

October 7 And International Police Cooperation:The Silence Of Interpol, Mathieu Deflem

Faculty Publications

Aim: The aim of this study is to explore the background and interpretation of Interpol’s silence following the terrorist attacks committed by Hamas against Israel on October 7, 2023. The author examines the international policing implications of the events, with special attention to why the world’s largest police organization failed to issue any substantive response.

Methodology: The research is based on a sociological analysis combining a historical and institutional overview of Interpol’s counterterrorism activities with the examination of the organization’s communications and institutional decisions. It relies on qualitative sources and an interpretive, case study-based approach using public documents, records, and …

Facial Recognition Ai, Margaret Hu

Faculty Publications

The integration of algorithmic decisionmaking and artificial intelligence (“AI”) into facial recognition technology poses new, unprecedented risks to privacy and individual autonomy rights, particularly in urban settings. The murder of Brian Thompson, CEO of UnitedHealthcare, in New York City on December 4, 2024, provides a timely case study to examine the deployment of facial recognition systems by the New York Police Department and other law enforcement agencies to identify the suspect. New York City deploys some of the most sophisticated surveillance architecture in the nation, put into place following the terrorist attacks of September 11, 2001. This Article explores the …

Clarifying Parens Patriae, James G. Dwyer

Faculty Publications

Throughout the Anglo-American legal world, the state claims an authority, termed parens patriae, to exert control over the lives of nonautonomous persons in ways it does not presume to control autonomous persons. Philosophers have given little attention to when and how that authority should be exercised, yet there is disagreement or confusion about this among courts and legal scholars. This article examines how parens patriae differs from other government roles, identifies which conceptions of the parens patriae role are coherent, and then presents a normative case for adopting a conception of the role as that of fiduciary for nonautonomous …

The Imposition Of Constitutional Rights, Alvin Padilla-Babilonia

Faculty Publications

One of the central principles of constitutionalism is that citizenship stands for equal rights under the law. According to this ideal, a U.S. citizen living in Puerto Rico or Guam should have the same constitutional rights as a citizen living on the mainland. However, throughout U.S. history, constitutional rights have been neither uniform nor centralized. While constitutional rights held im- portance, they coexisted with ideals of democratic self-governance and legal pluralism. Today, Supreme Court justices and legal scholars argue that all constitutional rights should apply in the territories. This view upholds citizenship, equal rights, and the rule of law. But …

‘I Feel Like The Most Important Thing Is To Ensure That Women Feel Included…’: Immigrant Women’S Experiences Of Integration And Gender Equality In Iceland During Times Of Crisis, Marya Rozanova-Smith, Embla Eir Oddsdóttir, Andrey N. Petrov

Faculty Publications

Enabling gender equality by empowering women to fully engage in modern society is fundamental for building resilient and sustainable communities. While Iceland is recognized as a global leader in gender equality, the experiences of various immigrant groups can differ considerably, especially during crises such as the COVID-19 pandemic and recovery. Given the rapid increase in the immigrant population in Iceland, it is crucial to gain a deeper understanding of the processes surrounding immigrant women’s integration strategies, with an emphasis on gender equality through the lens of intersectionality. The main objective of this qualitative study is to explore the gendered impacts …

Government-Backed Insurance For Artificial Intelligence Technologies, Renee Henson

Faculty Publications

Artificial intelligence (AI) is an unpredictable technology that has the capacity to both help and harm people. Although insurance plays a key role in compensating for harms in other contexts, AI-produced damages evade traditional principles of risk pricing which limits viable commercial insurance coverage. AI requires modified insurance systems that can compensate diverse and unpredictable losses. Just like AI, at one time nuclear energy was viewed as a new and profitable, yet wholly unpredictable, technology that had the capacity to cause devastating harm. AI poses similar threats to society in certain domains, including, for example, health care (e.g., risk management …

Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson

Faculty Publications

With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver's ability to operate a vehicle safely can be compromised. This not only puts the …

Playing Politics With Traffic Fines: Sheriff Elections And Political Cycles In Traffic Fines Revenue, Min Su, Christian Buerger

Faculty Publications

The political budget cycle theory has extensively documented how politicians manipulate policies during election years to gain an electoral advantage. This paper focuses on county sheriffs, crucial but often neglected local officials, and investigates their opportunistic political behavior during elections. Using a panel data set covering 57 California county governments over four election cycles, we find compelling evidence of traffic enforcement policy manipulation by county sheriffs during election years. Specifically, a county's per capita traffic fines revenue is 9% lower in the election than in nonelection years. The magnitude of the political cycle intensifies when an election is competitive. Our …

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 …