Digital Commons Network^™

In Search Of Tabal, Central Anatolia: Iron Age Interaction At Alişar Höyük, Lisa Kealhofer

Faculty Publications

Trajectories of social complexity following socio-political collapse have provided fertile ground for new theoretical and methodological perspectives in archaeology. Here we investigate ceramics from the site of Alişar Höyük, a settlement that was likely part of the Iron Age polity of Tabal. Best known from Assyrian texts, Tabal emerged in central Anatolia after the Late Bronze Age Hittite collapse, but its structure and operation remain enigmatic. Excavated in the 1920s and 1930s, a large sample of ceramics from Alişar has since been curated at the Oriental Institute, University of Chicago. Using multiple perspectives on this Middle Iron Age ceramic sample, …

Abortion Localism And Preemption In A Post-Roe Era, Kaitlin A. Caruso

Faculty Publications

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court eliminated federal constitutional protections for abortion in the United States, overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. That ruling returned much regulation of abortion to state control. But it will also accelerate a longstanding trend: municipal abortion regulation. And in the current world of local government law, increased local activity brings with it the question of state preemption. This article is the first to bring together the history and trends in local abortion policy with intrastate preemption doctrine to fully canvass the post-Roe local abortion …

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

Faculty Publications

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

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

Faculty Publications

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

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

Faculty Publications

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

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

Litigating Partial Autonomy, Cassandra Burke Robertson

Faculty Publications

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

The Hidden Cost Of Contracting For Esg: A New Perspective On Private Ordering, Juliet P. Kostritsky, Jillian T. Fox, Blake Spiller

Faculty Publications

Currently, despite the increasing pressure on corporations to account for Environmental Social Governance (ESG) factors in their disclosures and actions, a lack of clarity on the meaning of ESG persists. ESG might be equivalent to stakeholderism, in which companies can sacrifice firm or shareholder market value to serve non-financial values. A second meaning would permit companies to pursue ESG only if it advanced the firm’s financial value. The second meaning poses no new challenges for corporate law.

This Article will address how the lack of clarity on ESG makes it difficult to assess whether a provision in a contract of …

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

Faculty Publications

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

Selections From The Civil Right To Keep And Bear Arms: Federal And Missouri Perspectives (2023 Edition), Royce De R. Barondes

Faculty Publications

This work contains two chapters from a longer work titled The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition). The included chapters address two subjects. First, the chapters address application to select circumstances of the principles adopted in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Those include (i) non-temporary governmental seizure or retention of individual arms (in contrast to a ban on all a subject's firearms possession and seizures in Terry stops); (ii) changes in Federal regulation mandating indefinite records retention by dealers; (iii) disabilities arising from …

The Shape Of Consumer Contracts, Andrea Boyack

Faculty Publications

Modern consumer contracts are the bane of contract law and theory. Freedom of contract justifications are premised on party autonomy and transactional efficiency, but theories justifying contract enforcement fail to explain why the law should treat company-crafted terms as presumptively binding on consumers. Consumer protection advocates point out that lower thresholds for manifesting assent endorsed by the recent Restatement of the Law of Consumer Contracts may result in consumers being bound to terms of which they were reasonably unaware. Other scholars point out that mere knowledge of company terms and conditions does almost nothing to protect consumers in any case …

Escaping Arbitration And Class Action Waivers For Harassment Because Of Pregnancy, Sexual Orientation Or Gender Identity, Sandra F. Sperino

Faculty Publications

In 2022, Congress amended the Federal Arbitration Act (FAA) through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This amendment is being abbreviated to a rather clumsy acronym: EFASASHA. EFASASHA allows a person alleging sexual harassment or sexual assault to invalidate certain arbitration agreements and joint-action waivers. Congress passed the Act in response to testimony in which workers alleged that serial sexual harassment and assault continued because workers' claims were forced into private arbitration and could not be publicly adjudicated.

This Essay argues that the language that Congress used in EFASASHA is much broader than its title …

Study Protocol For The Breathe Easier Trial: A Pilot Rct Of A Dyad-Based, Multiple-Behavior Intervention For Improving Physical And Emotional Health In Survivors Facing Lung Cancer, Karen Kane Mcdonnell Phd, Rn, Jeannette O. Andrews Phd, Rn, Faan, Chih Hsiang Yang Ph.D., Brandi R. Newsome, Ella Weinkle, Jean Elizabeth Davis, Shira Dunsiger

Faculty Publications

Background: Research targeting survivors of lung cancer has yet to adequately address the management of physical deconditioning and unresolved symptoms (dyspnea, fatigue). The objective of the Breathe Easier trial is to test the feasibility and preliminary effects of a theory-based, multiple-behavior intervention (physical activity, smoking reduction for current smokers, stress management) targeting survivors of localized non-small-cell lung cancer (NSCLC, stages I-III) and their supportive partners. Methods: This pilot RCT will enroll 30 dyads (60 participants). Each dyad will consist of one survivor and one partner (defined as a family member or friend) Dyads will be randomized to the Intervention Group …

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

Faculty Publications

No abstract provided.

A Community-Engaged Oral History Study As A Tool For Understanding Environmental Justice Aspects Of Human Exposures To Hazardous Waste Thermal Treatment Emissions In Colfax, La, Matilda Odera, Blair Kelley, Louie Rivers, Alyanna Wilson, Jessica Tran, Khushi Patel, Brenda Vallee, Wilma Subra, Jennifer A. Cramer, Jennifer K. Irving, Margaret Reams, Jennifer Richmond-Bryant

Faculty Publications

This study investigates environmental justice (EJ) themes related to siting a hazardous waste thermal treatment facility near a low-income community of color. We investigated effects of living near a hazardous waste thermal treatment facility through three EJ aspects: recognitional, procedural, and distributive justice. The study involved the collection of oral history interviews from residents of Colfax, a town in Grant Parish, Louisiana, that hosts an open burn/open detonation hazardous waste thermal treatment facility. The facility processes materials such as munitions, theme park waste, and contaminated soils from Superfund sites, and it increased its volume drastically in 2014. Residents reported adverse …

Corpus Of Founding Era American English: Designing A Corpus For Interpreting The United States Constitution, Brett James Hashimoto

Faculty Publications

The original meaning of words or phrases is often in dispute in Founding Era legislation, especially the US Constitution. The Corpus of Founding Era American English (COFEA) accurately provides evidence for the meaning of contested terms during the Founding Era. COFEA consists of 126,394 texts and over 136 million words. This corpus has been and is being used by legal researchers and interpreters in scholarly research as well as various courts, including the Supreme Court. This paper describes the motivation for the creation of COFEA and describes the process of designing and collecting the corpus.

The Missionary Voice: Perceptions Of An Emerging Register, Josh Stevenson, Joseph A. Stanley, Wendy Baker-Smemoe

Faculty Publications

Today’s presentation is on a particular way of speaking among certain members of the Church of Jesus Christ of Latter-day Saints. Specifically, today I’ll be telling you about Latter-day Saint missionaries, who you may encountered before. Let’s set aside any preconceived notions you may have about missionaries or their faith and explore what appears to be an emerging missionary-based register.

In essence, missionaries are Latter-day Saint volunteers who dedicate 18 months to two years to tell others about their faith. They’re assigned around the world and often have to learn a new language, are typically college-aged, and adhere to strict …

Enriching Our Understanding Of Language Change With Vowel Formant Trajectories, Joseph A. Stanley

Faculty Publications

American English vowels are variable in pronunciation

• ban vs. bat, too vs. boo
• feel vs. fill, [bæt] vs. [bæ̞̙ t]

We can categorize these differences:

Shifts:

• I pronounce /u/ fronter than my grandparents do.
• My students pronounce /æ/ as lower and more centralized than I do.

Mergers:

• For me, cot and caught are distinct; for 95% of my students, they’re homophones
• In Utah, feel and fill are often pronounced the same

Language change happens as some variants spread to more and more people.

An Analysis Of The Inter-State Similarity Of The Herpetofaunas Of Mexican States, Julio A. Lemos-Espinal, Geoffrey R. Smith

Faculty Publications

No abstract provided.

International Society Of Sports Nutrition Position Stand: Nutritional Considerations For Single-Stage Ultra-Marathon Training And Racing, Stacy T. Sims, Chad M. Kerksick, Abbie E. Smith-Ryan, Xanne A.K. Janse De Jonge, Katie R. Hirsch, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Susan Joyce Hewlings, Susan M. Kleiner, Erik Bustillo, Jaime L. Tartar, Valerie G. Starratt, Richard B. Kreider, Casey Greenwalt, Liliana I. Rentería, Michael J. Ormsbee, Trisha A. Vandusseldorp, Bill I. Campbell, Douglas S. Kalman, Jose Antonio

Faculty Publications

Based on a comprehensive review and critical analysis of the literature regarding the nutritional concerns of female athletes, conducted by experts in the field and selected members of the International Society of Sports Nutrition (ISSN), the following conclusions represent the official Position of the Society: 1. Female athletes have unique and unpredictable hormone profiles, which influence their physiology and nutritional needs across their lifespan. To understand how perturbations in these hormones affect the individual, we recommend that female athletes of reproductive age should track their hormonal status (natural, hormone driven) against training and recovery to determine their individual patterns and …

Student Engagement In The Hyflex And Online Classrooms: Lessons From The Covid‑19 Pandemic, Karoly Bozan, James Gaskin, Claire Stoner

Faculty Publications

Student engagement is determined by the degree to which students perceive that their psychological needs for autonomy, competence, and relatedness are met as prescribed. The COVID-19 pandemic, with its sudden and dramatic shift to mandatory HyFlex (alternating online and face-to-face student attendance) or online learning only, meant less or no faceto- face interactions with peers and faculty, which had an impact on student motivation and engagement in the classroom, as reflected in the National Survey of Student Engagement. This new educational landscape will likely remain in effect to a certain extent, and, thus, there is a need for a deeper …

What's Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris

Faculty Publications

In Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so. In 2021, the Court held that a California law allowing access by union organizers to enter private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on …

A Uniform Standard For Certifying Questions To State Courts, Bailey D. Barnes

Faculty Publications

Since the mid-twentieth century, federal courts have certified questions of state law to state supreme courts. Rather than speculate on how a state's high court would rule on a given issue, federal courts allow the state court to determine the question itself. In so doing, the federal judiciary promotes comity and consistency while discouraging forum shopping. Yet, federal courts do so at the cost of judicial economy and speedy adjudication of litigants' pending claims.

The United States Court of Appeals is divided into thirteen circuits, of which eleven exercise jurisdiction encompassing states in the Union. Each circuit, as explained in …

Contracts For Cohabitating Romantic Partners, Bailey D. Barnes

Faculty Publications

Marriage rates in the United States are at record lows; meanwhile, more couples are choosing to live together outside of marriage. Despite the changing landscape of romantic relationships, the law of nonmarriage has not kept pace. Rather than having a coherent, majority rule approach, the individual states have employed differing methods of providing for property distribution at the end of a long-term unmarried cohabitation. Unfortunately, absent the formal protections offered by marriage for both parties following a divorce, many cohabitants are at risk of suffering inequitable property distribution following the termination of a cohabitation. This Article proposes that states uniformly …

Overcoming Barriers To Documenting Institutional Knowledge, Cynthia Bassett, Lauren Seney

Faculty Publications

It is inevitable—employees come and go in libraries. When they leave, they take their institutional knowledge out the door with them unless it is captured before they go. Documenting institutional knowledge is crucial for continuity of service. Anyone who has ever inherited a department or started at a new library with highly reined and involved procedures knows that learning how and why processes are managed can be overwhelming. If there is no documentation to explain things, library staff can be stymied for months as they get up to speed, severely impacting productivity and morale. Knowing all of this, many libraries …

Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato

Faculty Publications

Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …

The Future Is Now: Copyright Protection For Works Created By Artificial Intelligence, Gary Myers

Faculty Publications

Creativity was once considered a primarily, if not exclusively, human endeavor. People create art, literature, and music, while machines handle mechanical tasks, like a typewriter or camera. The world has changed, and in the current year those changes are disrupting conventional ideas about authorship and creativity. Developments in the power and robustness of artificial intelligence ( or AI) have made it possible for a wide array of creative AI-generated works to be created. Early developments, such as IBM Deep Blue's mastery of the game of chess, were still somewhat mechanical in nature, as they were based on the computer analyzing …

Artificial Intelligence And Transformative Use After Warhol, Gary Myers

Faculty Publications

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

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

Faculty Publications

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

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

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

Conservation Easements: A Tool For Preserving Wildlife Habitat On Private Lands, Robin M. Rotman, Sarah A. Brown, Michael A. Powell, Sonja A. Wilhelm Stanis

Faculty Publications

Conservation easements are an essential tool for conserving private lands, and they have great potential for enhancing wildlife habitat and biodiversity. Private land conservation in the United States is likely to increase in the coming years, in light of Executive Order No. 14,008, issued by President Joseph Biden on January 27, 2021, which set a goal of conserving at least 30% of U.S. lands and waters by 2030 (Executive Office of the President 2021). There is, therefore, a need to evaluate the effect of conservation easements on wildlife habitat and biodiversity and to make recommendations for further enhancing the effectiveness …

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

Faculty Publications

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

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