Digital Commons Network^™

Unwarranted Warrants?: An Empirical Analysis Of Judicial Review In Search And Seizure, Brett James Hashimoto, Miguel F.P. De Figueiredo, Dane Thorley

Faculty Publications

Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.

In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind. We analyze over 33,000 warrant applications filed through Utah’s “e-Warrants” system over …

Iberian Origins Of New Mexico's Community Acequias, Jose A. Rivera Ph.D., Thomas F. Glick Ph.D.

Faculty Publications

When Spanish officials first entered the northern region of New Spain in the late sixteenth century, they realized that irrigation would be a necessary development in the establishment of permanent communities. To sustain the early settlements, they built irrigation systems following the Iberian model, itself an extension of Arabo-Berber traditions from north Africa and the Middle East.

The Risk Of Marginal Inclusion In The Fortune 500: A Quasi-Replication Of Lewis & Carlos (2023), W. Chad Carlos, Yasir Dewan, Ben W. Lewis, Brian P. Reschke, S. Isaac St. Clair

Faculty Publications

Conventional wisdom suggests that being included in an exclusive ranking leads to positive external evaluations. However, Lewis and Carlos (2023) found that firms situated near the threshold for inclusion on the 100 Best Corporate Citizen ranking were devalued by investors. To assess the generalizability of this surprising finding, we quasi-replicate and extend this finding by applying the same regression discontinuity design to the Fortune 500 ranking. We find corroborating evidence: firms near the bottom of the Fortune 500 receive lower external evaluations, not only from investors but also from industry peers. Our findings therefore quasi-replicate and extend Lewis and Carlos’ …

Neo-Gender Balancing In Saudi Arabia: Divorce Under Social Exchange Theory, Abdullah F. Alrebh, Radhi H. Al-Mabuk

Faculty Publications

This paper uses Richard Emerson’s social exchange theory to analyze the balance in the exchange relations between men and women in Saudi Arabia. The paper is comprised of four major sections: (1) Emerson’s social exchange theory; (2) Saudi women in Vision 2030; (3) Statistics on Saudi women marital status; (4) Power dependence. Emerson’s five assumptions are applied to cases of Saudi women in order to demonstrate how winds of social change are affecting not only attitudes but also actual behaviors and decisions regarding divorce. Using the Comparison Level for Alternatives model, the results of the analysis are reported, and a …

Impact Of Social Media On Family Relations In The Arab Gulf Region, Radhi H. Al-Mabuk, Abdullah F. Alrebh

Faculty Publications

Social media use especially among children and adolescents has become a topic of concern in the Gulf region especially for parents. This chapter addresses the issue of social media use and its impact on family relations, and is comprised of six parts: (1) place of social media in sociology; (2) prevalence of social media in the Gulf region with an emphasis on how much use, nature of use and motivation for use; (3) positive and detrimental consequences of social media use; (4) impact of social media use, especially problematic social media, on family relations; (5) parents’ role in guiding their …

Six Paths Of Global China: A Genealogy Of A Contested Geographical Imaginary, Jessica Dicarlo, Meredith J. Deboom

Faculty Publications

‘Global China’ has emerged as a shorthand for China's relationship to the global, but its axiomatic uses disguise considerable complexity. This article troubles self-evident uses and tidy categorizations of Global China by approaching it as an emergent, pluralistic geographical imaginary warranting critical analysis. Employing a genealogical approach that privileges indeterminacy and inconsistency over linearity and singularity, we draw on wide-ranging sources to reveal the contested, contextual, and contradictory uses of Global China in the contemporary moment. Our analysis identifies six ‘paths’ of Global China: Other, Integration, Bridge, Status, Threat, and Alternative. Each path facilitates distinct yet interlinked claims about …

Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim

Faculty Publications

Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …

The Next Four Years: Geographical Reflections On The Second Trump Administration, Caroline R. Nagel, Peter Hopkins

Faculty Publications

In this introductory essay, we reflect on the significance of the re-election of Donald Trump to the presidency in the United States, and we provide some context for interpreting Trump's second term. Two of Trump's early policy moves—the release of billions of gallons of water from reservoirs in California and the granting of refugee status to Afrikaners—portend four years of politics based on alternative facts, conspiracy theories, and racial grievances. Trump's political agenda has received a significant boost from Silicon Valley billionaires, who are keen to eliminate regulatory bureaucracy. Paradoxically, while allied with high-tech futurists, Trump's policies hearken to an …

Assessing The Tax Communications Of E-Commerce Vendors, Part Ii, David Gamage

Faculty Publications

This article presents the second part of a research project on the tax communications of e-commerce vendors. It details the results of a behavioral experiment designed to test how different representations of sales and use tax obligations influence consumer purchasing decisions. The study finds that potentially misleading indicators, such as "No Tax" or "$0 of Tax," significantly increase the likelihood that consumers will purchase from vendors who do not collect sales tax. Compared to vendors who provide accurate information about potential use tax liabilities, consumers were substantially more likely to choose a vendor displaying a "No Tax" message. These findings …

Gendered Expectations: Do Voters Reward Women For Supporting Women's Interests?, Nichole M. Bauer, Anna Gunderson, Jeong Hyun Kim, Elizabeth Lane, Belinda Davis, Kathleen Searles

Faculty Publications

Are women legislators punished for not supporting women's substantive policy interests? We test these gendered expectations. We marshal an original content analysis of cable news coverage and two survey experiments testing voters' assessment of hypothetical legislators on the issues of abortion and equal pay. We find that voters rate both women and men legislators positively for supporting women's issues and negatively evaluate legislators of both genders when they do not support women's interests. We also find that women voters negatively evaluate women legislators who act against women's interests at a greater rate than men voters. While we do not find …

Untethered Isoperimetric Robotic Truss For Lunar Applications, Mihai Stanciu, Spencer Stowell, Isaac Weaver, Adam Rose, Chris Paul, James Wade, Ashleigh Cerven, Annie O'Bryan, Brian Bodily, Logan Yang, Nathan Usevitch

Faculty Publications

We introduce a robotic system designed to function as a lightweight, modular, and reconfigurable structure on the Moon. This robust system consists of truss-like robotic triangles, each formed by a continuous inflated fabric tube routed through two robotic roller units and a connecting unit. When deflated, these triangles can be compacted to roughly the volume of the roller units, offering an advantageous stowed-to-deployed volume ratio of 1 to 6.24. Upon inflation, the roller units pinch the tubes, creating corners by reducing the bending stiffness of the tube. Once fully deployed, electric motors move the robotic roller units along the tube, …

Podcasts In Mental, Physical, Or Combined Health Interventions For Adults: Scoping Review, Elizabeth M. Dascombe, Philip J. Morgan, Ryan J. Drew, Casey P. Regan, Gabrielle Turner-Mcgrievy, Myles D. Young

Faculty Publications

Background:

The increasing prevalence of poor mental and physical health in adults is a global health concern. Given the scope of this problem, scalable and effective treatment interventions are needed. While podcasts (online digital audio files) are becoming more popular, the extent of podcast use in mental, physical, or combined health interventions has not been reviewed.

Objective:

This scoping review primarily aims to summarize the available evidence regarding the use of podcasts in health promotion interventions. A series of 5 research questions was designed to systematically review and accurately represent podcast use in current research interventions.

Methods:

We conducted a …

When Ai Comes To The Table: How Tech Tools Will Change Adr, John Lande

Faculty Publications

Artificial intelligence (AI) is quickly reshaping the landscape of dispute resolution. This article explores how an expanding range of AI tools will influence negotiation, mediation, arbitration, and related processes. These tools will serve a wide array of users and contexts, reflect differing practice philosophies, and raise important questions about fairness, transparency, and values. Drawing on theory, practice, and real-world examples, the article identifies seven categories of emerging tools – from dispute prevention and practitioner preparation to education and platform integration. It highlights the importance of ethical design, user awareness, and professional responsibility, arguing that AI should support – not replace …

How I Learned To Stop Worrying And Love The Bot: What I Learned About Ai And What You Can Too, John Lande

Faculty Publications

Artificial intelligence (AI) tools play an increasingly prominent role in legal education, legal practice, and dispute resolution. People’s understanding of how these tools work varies widely. This article outlines a framework to improve AI literacy among dispute resolution practitioners, parties, ADR program managers, faculty, students, and scholars. It highlights emerging trends and offers practical suggestions and resources to support AI literacy and the responsible integration of AI into their work. A companion article, Getting the Most from AI Tools: A Practical Guide to Writing Effective Prompts, helps users, especially those in dispute resolution roles, learn how to write effective …

The Essence Of An Antitrust Violation, Thomas A. Lambert

Faculty Publications

Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the misimpression that consumer harm is a sufficient, not merely a necessary, condition for condemning antitrust-relevant behaviors like agreements in restraint of trade and exclusion-causing unilateral acts. Such a “consumer harm sufficiency” view underlay the plaintiffs’ claims in Epic Games v. Apple and FTC v. Qualcomm and has inspired scholarly proposals to condemn various antitrust-relevant behaviors simply because they occasion consumer harm.

Antitrust economics and dynamic efficiency considerations call for rejection of 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 …

Immigration Policy In The Second Trump Administration: Restriction, Removal, And The Limits Of Maga Nativism, Caroline R. Nagel

Faculty Publications

Donald Trump's three presidential campaigns have centred on promises to stop unauthorised immigration, whether by ‘building the wall’ or by enacting the largest mass deportation in American history. To deliver on these promises, Trump has appointed Stephen Miller—an anti-immigration hardliner who was responsible for the first Trump administration's draconian border policies – to a key White House position. Trump is often described as breaking from liberal-democratic norms; but when it comes to immigration policy, he is following a well-worn path by hiring Miller. This brief commentary places the Trump/Miller brand of anti-immigration politics in historical context, showing how anxieties over …

Immigration Policy In The Second Trump Administration: Restriction, Removal, And The Limits Of Maga Nativism, Caroline R. Nagel

Faculty Publications

Donald Trump's three presidential campaigns have centred on promises to stop unauthorised immigration, whether by ‘building the wall’ or by enacting the largest mass deportation in American history. To deliver on these promises, Trump has appointed Stephen Miller—an anti-immigration hardliner who was responsible for the first Trump administration's draconian border policies – to a key White House position. Trump is often described as breaking from liberal-democratic norms; but when it comes to immigration policy, he is following a well-worn path by hiring Miller. This brief commentary places the Trump/Miller brand of anti-immigration politics in historical context, showing how anxieties over …

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 …

Compensating Regulatory Losers, Todd S. Aagaard

Faculty Publications

Every change in government regulation creates benefits and burdens that fall unequally on the population. This unequal distribution raises the question of whether fairness requires compensating those who bear regulatory costs—what is known as the “compensation problem.” The extensive body of scholarship addressing the compensation problem tends to focus only on the burdens of regulatory compliance and ignores the burdens of injuries left unaddressed by regulation. The effect of this differential treatment is to treat past regulatory windfalls as permanent entitlements and to omit from the analysis equally deserving regulatory losers who have suffered the consequences of unregulated harms. This …

Promoting Social Inclusion Through Sport: A Case Study Of Uyghur Youth In China, Hongxin Li, Yunchao Bai, John Nauright

Faculty Publications

This study examines the role of sports as a means of promoting social inclusion among Uyghur youth in China, drawing upon social inclusion theory. Utilizing a qualitative case study methodology, we explored the perspectives of Uyghur youth athletes to gain insight into the challenges they face in achieving social inclusion without feeling “othered” or excluded. Data analysis followed an inductive grounded theory approach, identifying first‐order concepts, second‐order themes, and aggregate theoretical dimensions. Our findings reveal that social inclusion of Uyghur youth through sports participation is influenced by multiple factors, including language barriers, stereotypes, cultural differences, high expectations, and government policies. …

Crashing The Party: How Textualism And Legislative History Can Work Together, John Cannan

Faculty Publications

Textualists must moderate their distaste for legislative history and acknowledge the role of congressional sources in statutory interpretation—even those they themselves approve of. Doing so would enhance their statutory analyses. Decisions arising from 2016 litigation by hospitals against the U.S. Department of Health and Human Services, culminating in Azar v. Allina Health Servs., 139 S. Ct. 1804, 204 L. Ed. 2d 139 (2019), demonstrate how textualist inflexibility can undermine their own principles. For example, notable advocates of that interpretive school—then-Judge Brett Kavanaugh and Justice Neil Gorsuch—overlooked statutory text, which they so highly prize, in reaching their determinations. Textualists often describe …

Anchoring ‘Neo-Hahnian Outdoor Education’ In The Cold War Era: A History Of Character Building In The Outward Bound Movement, Jayson Seaman

Faculty Publications

The invitation to comment on a foundational early article from the JAEOL provided a welcome opportunity to engage with Andrew Brookes’s trilogy of ‘neo-Hahnian outdoor education’ critiques (Brookes, 2003a, 2003b, 2023). In this article, I approach outdoor education’s character building ideology by using archival and secondary sources to situate its evolution in four periods corresponding with major geopolitical and cultural movements: (1) 1941–1945 when Outward Bound (OB) was established; (2) 1946–1952 when Hahn exported OB from his perch at Gordonstoun; (3) 1953–1967 when OB expanded to the U.S. and replicated globally, and (4) 1968–1976 when human potentialism replaced muscular Christianity …

Assessing The Tax Communications Of E-Commerce Vendors, Part I, David Gamage

Faculty Publications

This article reports research results from a study analyzing the tax communication practices of top e-commerce retailers and marketplaces. The research found a spectrum of tax communication practices. Notably, many (but not all) e-commerce businesses that did not collect sales tax did still inform customers about potential use tax obligations, though the transparency of this information varied.

Displaced Decarbonization: Climate Necropolitics And The Contested Spatialities Of Green Hydrogen In Namibia, Meredith J. Deboom

Faculty Publications

Green hydrogen is often presented as a transformative solution to the dual challenges of decarbonization and economic development. This article applies the framework of climate necropolitics to interrogate the contested spatialities underlying such “win-win” narratives. It does so through an extended case study of Hyphen Hydrogen Energy, a $10 billion green hydrogen project planned for Lüderitz, Namibia. A remote town of 20,000 in a country with a $12 billion annual GDP, Lüderitz initially appears to be an unlikely host site for the “industrial fuel of the future.” To explain this outcome, I first illustrate how discordant socio-spatial projects—including European energy …

Two-Layer Formulation For Long-Runout Turbidity Currents: Theory And Bypass Flow Case, Hongbo Ma, Gary Parker, Matthieu Cartigny, Enrica Viparelli, S. Balachandar, Xudong Fu, Rossella Luchi

Faculty Publications

Turbidity currents, which are stratified, sediment-laden bottom flows in the ocean or lakes, can run out for hundreds or thousands of kilometres in submarine channels without losing their stratified structure. Here, we derive a layer-averaged, two-layer model for turbidity currents, specifically designed to capture long-runout. A number of previous models have captured runout of only tens of kilometres, beyond which thickening of the flows becomes excessive, and the models without a lateral overspill mechanism fail. In our framework, a lower layer containing nearly all the sediment is a faster, gravity-driven flow that propels an upper layer, where sediment concentration is …

Removing Eog Artifacts From Eeg Recordings Using Deep Learning, Christian O'Reilly, Scott Huberty

Faculty Publications

The electroencephalogram (EEG) directly measures the electrical activity generated by the brain. Unfortunately, it is often contaminated by various artifacts, notably those caused by eye movements and blinks (EOG artifacts). Such artifacts are usually removed using an independent component analysis (ICA) or other blind source separation techniques. However, it is difficult to assess whether subtracting EOG components estimated through ICA removes some neurogenic activity. It is crucial to address this question to avoid biasing EEG analyses. Toward that objective, we developed a deep learning model for EOG artifact removal that exploits information about eye movements available through eye-tracking (ET). Using …

Re-Framing The Master Narratives Of Learning Dis/Abilities Through An Emotion And Intersectional Lens, David I. Hernández-Saca

Faculty Publications

In this conceptual framework paper, I critically chronicle the historiography, policy, and scientific literatures of learning disabilities (ld) and provide a conceptual framework for reframing these as master narratives. I defined master narratives as the pre-existent sociocultural forms of interpretation. I interrogated the a) cultural-historical; b) the federal definition of ld within idea, c) the educational-professional academic and focused on, the d) social and emotional literature of ld. The master narratives from these literatures included: a) ld as a boy who struggles with reading, ld as a symbolic complex, and the legacy of the term "feebleminded", d) assumptions about learning, …

Open Accessarticle Crystal Plasticity Modeling Of Dislocation Density Evolution In Cellular Dislocation Structures, Md Mahabubur Rohoman, Caizhi Zhou

Faculty Publications

The complex thermal cycles during the solidification process in metal additive manufacturing (AM) lead to the formation of high-density dislocation networks, organizing into submicron-scale cellular structures. These ultrafine structures are recognized as crucial for enhancing the mechanical properties of AM metals. In this study, we investigate the evolution of dislocation density within these cellular structures under plastic deformation and its impact on mechanical response using dislocation density-based crystal plasticity finite element (CPFE) modeling. The model incorporates the evolution of both statistically stored dislocation (SSD) and geometrically necessary dislocation (GND). Our simulations reveal that the yield and flow stresses of dislocation …