Digital Commons Network^™

Three Deft Kicks To The Problem Of Cyberbullying, Anita Bernstein

Faculty Scholarship

No abstract provided.

Intergenerative Transdisciplinarity In “Glocal” Learning And Collaboration, Peter J. Whitehouse

Faculty Scholarship

In this report, authors from North America, Africa, Europe, and Asia share commonalities and differences in the lessons we are learning from COVID-19, especially about scholarship and collaboration. We represent different ages and disciplines hence our focus on intergenerational perspectives and transdisciplinary considerations. Our work is intergenerative{that is going "between to go beyond" by connecting creative sources of culture and focusing on the emergent, that is responding to changes in the context in which we work. And importantly in our view, we will point beyond whatever the next phase of COVID or even the next pandemic brings to a more …

Environmental Effects Of Stratospheric Ozone Depletion, Uv Radiation, And Interactions With Climate Change: Unep Environmental Effects Assessment Panel, Update 2020, Laura S. Bruckman

Faculty Scholarship

This assessment by the Environmental Effects Assessment Panel (EEAP) of the United Nations Environment Programme (UNEP) provides the latest scientific update since our most recent comprehensive assessment (Photochemical and Photobiological Sciences, 2019, 18, 595–828). The interactive effects between the stratospheric ozone layer, solar ultraviolet (UV) radiation, and climate change are presented within the framework of the Montreal Protocol and the United Nations Sustainable Development Goals. We address how these global environmental changes affect the atmosphere and air quality; human health; terrestrial and aquatic ecosystems; biogeochemical cycles; and materials used in outdoor construction, solar energy technologies, and fabrics. In many cases, …

“Making Sure We Are All Okay”: Healthcare Workers’ Strategies For Emotional Connectedness During The Covid-19 Pandemic, Anna E. Bender, Kristen A. Berg, Emily K. Miller, Kylie E. Evans, Megan R. Holmes

Faculty Scholarship

Healthcare workers have been on the front lines throughout the COVID-19 pandemic, treating affected patients and navigating overwhelmed healthcare systems. Emotional connection has been associated with resilient outcomes following collective trauma. This qualitative study examined how healthcare workers define emotional connectedness during the COVID-19 pandemic and their adaptive emotional connection strategies. Data were gathered through the first wave of the online COVID-19 Pandemic and Emotional Well-Being study, a prospective panel study of the psychological impact of COVID-19 on frontline workers and the general public. This study focused on three extended-response questions about definitions of and strategies for emotional connectedness. Data …

Correlates Of Depression Among Black Girls Exposed To Violence, Dexter R. Voisin

Faculty Scholarship

Depression rates for youth remanded to juvenile detention is double that of the general population and Black girls are especially vulnerable. A dearth of literature analyzes the factors that are correlated with depression among system-involved Black girls, ages 12–17 years old. We utilized personal agency to examine the relationship between risk factors (i.e., abuse history, and fear of condom negotiation) and protective factors (i.e., condom self-efficacy, and perceived social support) that might correlate with depression among Black girls exposed to violence. Findings indicate that fear of condom negotiation, abuse history and low condom self-efficacy are correlated with depressive symptomology while …

Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon

Faculty Scholarship

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article explores the …

Revitalizing Greenhouse Gas Permitting Inside A Biden Epa, Matt Haber, Seema Kakade

Faculty Scholarship

No abstract provided.

Shopping For An Ir: The Search, Adoption, And Implementation Of The University Of Louisiana At Lafayette’S Institutional Repository Platform, Zachary G. Stein

Faculty Scholarship

Institutions wishing to disseminate their scholarship on a wide scale have influenced the need for institutional repositories (IR). These repositories provide institutions the opportunity to display and preserve what they have to offer in an open access environment. The University of Louisiana at Lafayette (UL Lafayette) had attempted to adopt an IR for years and finally achieved this goal. Many issues impacted the adoption, including funding, deciding on the appropriate platform solutions, and marketing the need for contributions from faculty and university administration. There is much optimism for the IR, as it is also included in the university’s Quality Enhancement …

Oliver Wendell Holmes's Theory Of Contract Law At The Massachusetts Supreme Judicial Court, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Deceive, Profit, Repeat: Public Deception Schemes To Conceal Product Dangers, Wes Henricksen

Faculty Scholarship

No abstract provided.

Normative Dimensions Of Consensual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Faculty Scholarship

No abstract provided.

When Virtual Discipline Becomes Virtual Suspension: Protecting The Due Process Rights Of Virtual Learners, Peggy Nicholson

Faculty Scholarship

It is well established that public school students do not shed their constitutional rights at the schoolhouse door. But what about when the “schoolhouse door” is a computer screen, with students entering and exiting the learning environment from the comfort of their homes through an internet-enabled device? The rise of virtual learning, expedited by the COVID-19 pandemic, raises questions about when and how constitutional rights apply to public school students in the virtual setting. This Paper examines one of those constitutional questions, by exploring the application of procedural due process to the emerging practice of virtual discipline. The Due Process …

The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman

Faculty Scholarship

Despite famously being called, merely, “one among equals,” the Chief Judge of a federal court of appeals plays a significant role on their court. Internally, the Chief Judge is responsible for everything from overseeing the circuit’s budget to influencing how the court’s sitting calendar is set, from selecting judges who will sit by designation to reviewing complaints of misconduct against judges in their circuit. Externally, the Chief Judge serves as the court’s representative to the Judicial Conference of the United States, the national policy-making body for the federal courts. Outside of official duties, the Chief Judge may initiate projects, which …

The Search For Clarity In An Attorney’S Duty To Google, Michael Murphy

Faculty Scholarship

No abstract provided.

The Targeted Management (Team) Intervention For Reducing Stroke Risk In African American Men: Rationale And Study Design Of A Prospective Randomized Controlled Trial, Carolyn H. Still, Chris Burant, Shirley Moore, Doug Einstadter, Cheryl Killion, Charles Modlin, Sophia Sundararajan, John D. Thornton, Jackson T. Wright, Martha Sajatovic

Faculty Scholarship

Background: African American (AA) male survivors of strokes or transient ischemic attacks (TIA) have the highest risk of recurrent stroke when compared to other racial-ethnic men. However, there is a paucity of evidence-based strategies, including organizational, educational, or behavioral interventions, that targets secondary stroke risk reduction in AA men. Methods: Targeted Management for Reducing Stroke Risk (TEAM) is an ongoing, 6-month prospective, randomized controlled trial that will determine whether a curriculum-guided self-management approach, using peer dyads (men who had a stroke or TIA and their care partners) will improve post-stroke care in AA men. Results: The study sample will consist …

Chinese Canons And The Basic Law: Tracing The Interpretative Shifts Of The National People's Congress Standing Committee, Joshua M. Feinzig

Faculty Scholarship

This Article considers the uneasy constitutional relationship between Hong Kong and the People's Republic of China Central Government through the lens of the National People's Congress Standing Committee's interpretations of the Hong Kong Basic Law. These interpretations have constrained and redirected Hong Kong's democratic development, and scholars have appropriately questioned the legitimate extent of the Standing Committee's interpretative authority in light Article 158 and the animating purposes of the Sino-British Joint Declaration Treaty. But the interpretations are less frequently treated as legal texts that both reflect and inform underlying constitutional developments.

This Article therefore evaluates the Standing Committee's normative and …

The First Amendment And Algorithms, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

Final Report Of The Durham Statement Review Task Force, Durham Statement Review Task Force

Faculty Scholarship

No abstract provided.

Punishing With Impunity: The Legacy Of Risk Classification Assessment In Immigration Detention, Robert Koulish, Kate Evans

Faculty Scholarship

In 2012, the Department of Homeland Security adopted a risk classification assessment ("RCA") tool to run on migrants in the custody of Immigration and Customs Enforcement ("ICE"). The risk tool helped determine who was detained and who was released from ICE custody. It was intended to curb detention rates by limiting detention based on risk of flight and danger and to ensure that the conditions of civil immigration detention were distinct from those in criminal detention. This Article presents data from several RCA datasets received pursuant to the Freedom of Information Act.

The story of the RCA is one of …

Fraud Law And Misinfodemics, Wes Henricksen

Faculty Scholarship

No abstract provided.

Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason

Faculty Scholarship

This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …

Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim

Faculty Scholarship

The shift towards the use of algorithms in business has transformed merchant–consumer interactions. Products and services are increasingly tailored for consumers through algorithms that collect and analyze vast amounts of data from interconnected devices, digital platforms, and social networks. While traditionally merchants and marketeers have utilized market segmentation, customer demographic profiles, and statistical approaches, the exponential increase in consumer data and computing power enables them to develop and implement algorithmic techniques that change consumer markets and society as a whole. Algorithms enable targeting of consumers more effectively, in real-time, and with high predictive accuracy in pricing and profiling strategies. In …

Preserving The Fruits Of Labor: Impediments To University Inventor Mobility, Brenda M. Simon

Faculty Scholarship

Academic inventors must overcome numerous obstacles when they seek to leave their parent universities. The results of their work are often intertwined in what I call "innovation-essential components," which are important aspects of the. innovative process that create strong ties to the parent university, such as data, patents, trade secrets, grants, contracts, materials, and other agreements and restrictions. Innovation-essential components effectively bind university inventors to their parent institutions, making departure unworkable without the university's approval. Universities sometimes further complicate inventor mobility by entering into unlawful agreements with other academic institutions in their efforts to prevent inventor movement or by engaging …

Law Enforcement’S Lochner, Miriam H. Baer

Faculty Scholarship

Long-established rules of constitutional criminal procedure empower the government to cheaply and efficiently demand information from businesses and corporations, even when those entities are themselves targets of criminal investigations. These rules have become extremely valuable to government investigators, notwithstanding their contestable premises and wide-ranging effects on employees, owners, and consumers.

This ease of access era, however, may be nearing its end. A convergence of changes in how the Supreme Court views Fourth Amendment privacy rights on the one hand, and how it conceptualizes corporate personhood on the other, is apt to trigger an erosion of government enforcement power. At the …

Characterization Of The Mesophotic Coral Reefs In The Florida Keys National Marine Sanctuary., John K. Reed, Stephanie Farrington, Harbor Branch Oceanographic Institute, Dennis M. Hanisak, Shirley A. Pomponi

Faculty Scholarship

A 17-day research cruise was conducted to the Florida Keys National Marine Sanctuary (FKNMS), August 12-29, 2019 by the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute, Florida Atlantic University (HBOI-FAU) aboard the University of Miami ship R/V F.G. Walton Smith. Two legs of the expedition were conducted. Leg 1 (August 13-20, 2019) consisted of Mohawk remotely operated vehicle (ROV) dives with the primary objective to document and characterize the benthic habitats, benthic communities, and fish assemblages of the mesophotic (30-100 m) coral ecosystems and deep rariphotic (>100 m) zones within and …

Unpacking Third-Party Standing, Curtis A. Bradley, Ernest A. Young

Faculty Scholarship

Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test consistently, and commentators have long critiqued the third-party standing doctrine as incoherent. This Article argues that much of the doctrine’s perceived incoherence stems from the Supreme Court’s attempt to capture, in a single principle, disparate scenarios raising distinct problems of both theory …

Sexual Harassment In A University Setting: Searching For Justice And Compassion In An Unjust And Indifferent World, Marie Failinger

Faculty Scholarship

The article deals with the question concerning legal responses to sexual harassment – whether those responses should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical. On the other hand, one may recognize the possibility of repentance and restoration of both victim and offender to society. The modern restorative justice movement, informed by Christian …

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.