Digital Commons Network^™

Abuse Of Contract: Boilerplate Erasure Of Consumer Counterparty Rights, Andrea Boyack

Faculty Publications

Contract law and the new Restatement of the Law of Consumer Contracts generally treats the entirety of a company’s boilerplate as presumptively binding. Entrusting the content of consumer contracts to companies creates a fertile legal habitat for abuse through boilerplate design.

There is no consensus on how widespread or severe abuse of contract is. Some consumer law scholars have warned of dangers inherent in granting companies unrestrained power to sneak waivers into their online terms, but others contend that market forces adequately constrain potential abuse. On the other hand, in the absence of adequate consumer knowledge and power, market competition …

The Efficacy And Usability Of Motivational Interviewing Just-In-Time Trainings For Youth Mentors, Mackenzie J. Hart, Samuel D. Mcquillin, Aidyn Iachini Ph.D., Msw, Lsw, Daniel K. Cooper, Mark D. Weist

Faculty Publications

Using youth mentors to deliver evidence-based psychosocial services has been proposed to increase the reach of treatments, in part given the affordability and ubiquity of mentors in youth settings. Further, tests of mentor-delivered motivational interviewing (MI) have shown increases in youth mentees' academic performance and wellbeing. Yet, traditional methods of training mentors to use MI can be costly and time-consuming. Previous work has suggested the value of asynchronous, brief, just-in-time training (JITT) to help offset these challenges; however, MI JITT for mentors has not yet been formally evaluated. As such, here, we report on a preliminary study of MI JITT …

The Identity Factor, Jessica Feinberg

Faculty Publications

Identity development is one of the most important processes that occur during childhood. For certain populations of children, such as those who are LGBTQ+ or multiracial, the path to healthy identity development is substantially more complicated. These children must navigate the development of their identities while existing in a world in which they will frequently encounter a lack of societal understanding and acceptance. Children within these populations face elevated risks of short- and long-term harms, including suicidal ideation, depression, substance abuse, and low self-esteem. As a result, it is critically important that LGBTQ+ and multiracial youth receive support in developing …

Cfl Learners’ Real-Time Processing Of Chinese Radicals: An Eye-Tracking Study, Yihsuan Wood, Jeffrey Jack Green, Ellen Knell, Yu Liu

Faculty Publications

This study used eye-tracking to investigate the real-time processing of phonetic and semantic radicals (components of Chinese characters that give clues to their pronunciation and meaning) by intermediate-level university Chinese foreign language (CFL) learners. Additionally, the study examined how knowledge and awareness of radicals affect real time character processing. Real-time radical processing involves identifying radicals and understanding their phonetic or semantic roles, while real-time character processing includes recognizing radicals and instantly comprehending entire characters’ meanings and pronunciations. This study’s first task focuses on radical processing, where CFL learners use radical knowledge to interpret multiple characters simultaneously. The second task extends …

Discriminating Alignment In The Innovation Sphere, Juliet P. Kostritsky

Faculty Publications

Contracts play an important role in innovation. As a result, some. scholars have proposed theories highlighting contract provisions as devices that can serve to informally enforce agreements and build trust between parties. Others emphasize the hierarchical provisions between firms to promote efficiency. Yet another group views these agreements as a mechanism to institutionalize learning and protect property interests. This Article offers a new theory. To understand a firm’s contractual choices and governance, we must look at how the same provisions in different contracts may have distinct meanings or operate differently in different contexts. So, scholars must give context to these …

Causation's Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes

Faculty Publications

For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent Fourteenth Amendment due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has …

Money Moves: Taxing The Wealthy At The State Level, David Gamage, Brian D. Galle, Darien Shanske

Faculty Publications

It's widely understood today that inequality is a major social problem that in turn contributes to other crises. By most accounts, tax systems are supposed to be our engines of equality. Yet in today’s United States, state and local tax systems mostly do the opposite: they take a greater percentage of the resources of the poor and middle class than of the rich.

Perhaps surprisingly, the traditional view among fiscal policy experts has been that this state of affairs is correct. In this standard account, only national governments should impose progressive or redistributive taxes. While acknowledging that there would be …

The Gift Of Exit Financing, Robert W. Miller

Faculty Publications

Aggressive liability management exercises have spilled over into bankruptcy court and exit financing is often the prize in the center of the arena. Debtors no longer rely upon gifting, the traditional strategy for buying plan support. Instead, they can replicate gifting's benefits in a more defensible package by funneling discounted subscription rights to chosen constituencies as part of exit financing.

Recognizing exit financing's distortive power, courts responded by evaluating the quality of negotiations and reviewing precedent transactions. Meanwhile, commentators suggest heightened monitoring and informal guardrails. All of these approaches ignore the shortcomings of judicial valuation. Market testing is the only …

Reflections On The Importance Of Critical Theory To Teaching Environmental Law, Sean Kammer

Faculty Publications

The freedom of students to learn about critical approaches to understanding their world is under sustained political attack. In this time of increasing environmental peril and political dysfunction, Professor Sean M. Kammer reflects upon the importance of critical theory (including Critical Race Theory) to understanding—and ultimately redressing—the related problems of resource scarcity and environmental degradation. While these problems can surely be described in terms of “economic inefficiencies” or “ecological disturbances,” as they most often are, they must also be understood (and taught) as problems of colonial exploitation and violence. For example, one cannot understand Justice John Marshall’s discovery doctrine or …

Testing The Effect Of Speech Separation On Vowel Formant Estimates, Joseph A. Stanley, Lisa Morgan Johnson, Earl Kjar Brown

Faculty Publications

While recent advances in sociophonetic data processing have made it possible to analyze large datasets and audio not originally intended for linguistic analysis, overlapping speech in recordings with multiple speakers continues to be an issue that results in lost data. We evaluate whether current source separation models produce audio that is clean enough to produce reliable measurements for sociophonetic analysis. We compare formant estimates from a pair of pristine recordings and merged-and-separated versions of those same recordings using the Libri2mix, Whamr16K, and WSJ02mix source separation models. Based on auditory inspection of the separated files, visualization of vowel formant estimates, and …

International Society Of Sports Nutrition Position Stand: Nutritional Concerns Of The Female Athlete, Ralf Jäger, Jeffery L. Heileson, Sidney Abou Sawan, Broderick L. Dickerson, Megan Leonard, Richard B. Kreider, Chad M. Kerksick, Stephen M. Cornish, Darren G. Candow, Dean M. Cordingley, Scott C. Forbes, Grant M. Tinsley, Tindaro Bongiovanni, Roberto Cannataro, Bill I. Campbell, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Jeffrey R. Stout, Douglas S. Kalman, Jose Antonio

Faculty Publications

Position Statement: The International Society of Sports Nutrition (ISSN) presents this position based on a critical examination of the literature surrounding the effects of long-chain omega-3 polyunsaturated fatty acid (ω-3 PUFA) supplementation on exercise performance, recovery, and brain health. This position stand is intended to provide a scientific foundation for athletes, dietitians, trainers, and other practitioners regarding the effects of supplemental ω-3 PUFA in healthy and athletic populations. The following conclusions represent the official position of the ISSN: Athletes may be at a higher risk for ω-3 PUFA insufficiency. Diets rich in ω-3 PUFA, including supplements, are effective strategies for …

Common Questions And Misconceptions About Energy Drinks: What Does The Scientific Evidence Really Show?, Jose Antonio, Brandi Antonio, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Darren G. Candow, Guillermo Escalante, Cassandra Evans, Scott Forbes, David Fukuda, Maureen Gibbons, Patrick Harty, Andrew R. Jagim, Douglas S. Kalman, Chad M. Kerksick, Jennifer A. Kurtz, Joseph Lillis, Lonnie Lowery, Gianna F. Mastrofini, Scotty Mills, Michael Nelson, Flavia Pereira, Justin Roberts, Michael Sagner, Jeffrey Stout, Jaime Tartar, Adam Wells

Faculty Publications

Energy drinks are a commonly consumed beverage, and studies suggest a possible performance-enhancing effect. A Google Scholar search using the keywords “energy drinks” and “exercise” yields numerous results, underscoring the voluminous research on this topic. However, there are questions regarding the effectiveness and safety of energy drinks. These questions include, but are not limited to: (1) What are the main active ingredients in energy drinks? (2) Do energy drinks assist in weight management? (3) Do energy drinks enhance aerobic performance? (4) Do energy drinks enhance athletic speed? (5) Do energy drinks improve reaction time? (6) Do energy drinks enhance lean …

Electing The Supreme Court, Dmitry Bam

Faculty Publications

There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …

Choosing To Use Good Language In The "Adr" Field, John Lande

Faculty Publications

On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.

Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and …

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 …

Legal And Policy Responses To Sexual Harassment In Housing, Rigel C. Oliveri

Faculty Publications

The sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. This Essay examines data from a study of all of DOJ's sexual harassment in housing cases and uses this information to identify the most problematic types of housing providers and the most common forms of harassment. Specifically, harassment appears to occur most frequently in private rental housing and is perpetuated by managers (usually …

Historical Practice At The Founding, Ryan Snyder

Faculty Publications

In recent years, the Supreme Court has increasingly relied on historical practice—actions other than judicial decisions that implement the law after its adoption. That creates tension with the Court’s professed adherence to originalism—the view that a law’s meaning is fixed at the time of its adoption. To resolve this tension, the Court and many scholars have embraced theories such as “liquidation,” which argue that the Founders themselves used practice to update or change the law’s meaning over time. But until now, no one has systematically examined whether the Founders accepted those theories.

This Article provides the first comprehensive analysis 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 …

Church Autonomy, Textualism, And Originalism: Scotus's Use Of History To Give Definition To Church Autonomy Doctrine, Carl H. Esbeck

Faculty Publications

Church autonomy is a First Amendment doctrine altogether distinct from the more familiar causes of action brought under the Establishment Clause and the Free Exercise Clause. The principle of church autonomy was first recognized by the Supreme Court of the United States in the post-Civil War case Watson v. Jones, holding that civil courts must not be drawn into resolving religious questions or settling disputes over church polity. And early this century, in the unanimous decision Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the theory of church autonomy took on its most fully developed form as a constitutional immunity …

Virtual Currency As Real Currency, Jeffrey A. Maine

Faculty Publications

Convertible virtual currency is increasingly equated with the notion of real currency. Indeed, the increased acceptance of virtual currency as a payment method among retailers and consumers, the evolution of new types of virtual currency that alleviate price volatility, and the recent expansion of foreign country initiatives confirm the strong trajectory toward virtual currency’s function as a transactional currency. Yet, the tax system continues to classify all forms of virtual currency as “property,” and not “currency,” which results in immediate taxation every time someone buys something with virtual currency. This Article argues that the adopted tax treatment of virtual currency …

Partial Additionality: The Blunt Metric Distorting Carbon Market, Anthony L. Moffa, Joseph Newlen

Faculty Publications

The widespread recognition that climate change presents an existential threat to humanity has spurred the development of numerous technologies, regulatory structures, and voluntary actions aimed to mitigate the pending disaster.

If The Body Keeps The Score, What Happens When You Bring The Body To Work? Exploring The Health Effects Of Trauma On Human Capital, Lisa Jones Christensen, Elizabeth Embry, Arielle Badger Newman, Paul C. Godfrey

Faculty Publications

Data reveal that the physical effects of trauma exposure increasingly surface in business, social, and other settings. Exposure to trauma at any point in life can cause employee health concerns, yet many firms do not acknowledge or address this. Herein, we combine trauma theory with human capital theory to explain how manifestations of trauma exposure—hyperarousal, intrusion, and constriction—impact employee health and performance. This article outlines how each manifestation affects human capital deployment, and thus employee performance. It further demonstrates how these human capital deployment issues have individual- and unit-level performance implications. This article offers a theory linking health effects of …

The Marginal Value Of Public Pension Wealth: Evidence From Border House Prices, Darren Aiello, Asaf Bernstein, Mahyar Kargar, Ryan Lewis, Michael Schwert

Faculty Publications

We study how state pension windfalls affect property prices near state borders, where theory suggests real estate reflects the value of additional public resources. Windfalls, representing a source of state revenue about half the size of total taxes, provide economically significant and plausibly exogenous variation in fiscal conditions. We find that each dollar of pension asset returns increases border house prices by approximately two dollars, suggesting that governments allocate additional funds towards high-value projects or tax abatement rather than wasting incremental resources. Evidence of larger effects in financially constrained municipalities highlights how fiscal resources amplify welfare effects of economic shocks.

A Collaborative Assessment Of Coastal Ocean Acidification Monitoring In Maine & Standard Operating Procedures And Best Practices For The Collection Of Continuous Ph Data In Coastal Marine Environments, Christopher W. Hunt, Curtis Bohlen, Mike Doan, Jeremy Miller

Faculty Publications

The ‘Sensor Squad’ of the Maine Ocean Climate Collaborative is the product of a 2023 Maine Coastal and Marine Climate Action Fund grant to conduct “A two-year pilot project designed to address and overcome technological barriers to ocean acidification data collection, develop protocols to elevate quality assurance and ensure comparable data, and meet regularly to discuss project results and data compilation”. The Squad consists of representatives from Friends of Casco Bay (FOCB), Wells National Estuarine Research Reserve (WNERR), and the University of New Hampshire (UNH). This report is a summary of their efforts to assess affordable, repeatable means of continuously …

Where Do New Englanders Buy Local Farm Food And How Often?, Cindy (Luyue) Zheng, Olivia Burton, Hannah Stokes-Ramos, Jessica Carson, Isaac Sohn Leslie, Analena B. Bruce

Faculty Publications

We conducted a population-based survey of food shopping attitudes and habits to inform decision-making about ways to expand market access for New England’s food producers; these findings can be generalized to the adult population of New England. Our research shows that more than half of New Englanders say farm stores or stands, farmers’ markets and retail stores are easily available to them, but they only shop occasionally at these places, indicating other barriers may limit participation. To understand potential barriers, we conducted 35 interviews with New Hampshire adult residents between June and November of 2023, capturing a diverse range of …

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. …

A Big Data Approach To Modelling Urban Population Density Functions: From Monocentricity To Polycentricity, Cehong Luo, Yujie Hu, Fahui Wang

Faculty Publications

Urban studies have a long tradition of examining the regularity of urban structure by modelling urban population density functions and probing the theoretical or behavioural foundation behind it. Previous studies commonly used census data in areal units such as census tracts or census block groups, which varied a great deal in area size and shape and led to the zonal and scale effects, commonly referred to as the modifiable areal unit problem (MAUP). This study uses big data of individual vehicle trips in Tampa, Florida, to define the precise population and employment distribution locations, and then aggregates them with uniform …

Can Americans’ Trust In Local News Be Trusted? The Emergence, Sources, And Implications Of The Local News Trust Advantage, Erik Peterson, Joshua P. Darr, Maxwell B. Allamong, Michael Henderson

Faculty Publications

Despite eroding consensus about credible political news sources, much of the public still trusts local media. We assess the emergence, sources, and implications of the trust advantage local news holds over national media. We argue the public now uses a news outlet's local orientation as a shortcut to assess its credibility. In survey experiments, we find unfamiliar news outlets are trusted more when they have a local cue in their name. In surveys where people evaluate digital sources covering their community, this heuristic leads the public to trust unreliable information providers that signal a local focus more than high-quality sources …

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 …

Alternative Theories Of Covid-19: Social Dimensions And Information Sources, Wesley Shrum, Paige Miller, Nana Osei Asiamah, Fangyue Zou

Faculty Publications

While scientific understanding of the COVID-19 pandemic increased, conspiracy theories undermined the foundations of public health policy, making it significantly more difficult both to discuss and to implement. Popular alternative narratives include the claim that government was using restrictions to control people's behavior, and that the pandemic was caused by 5G cellular technology. We examine the extent to which alternative beliefs were associated with sociodemographic characteristics and the sources through which people acquired information during the pandemic. Our analysis uses a demographically balanced online survey of 10,022 participants from 50 US states, collected during August of 2021. Results indicate that …