Digital Commons Network^™

Averting Plausibility Pleading’S Threats To Novel Fha Legal Claims, Tanya Pierce, Aric Short

Faculty Scholarship

Plausibility pleading requirements articulated by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal continue to confound even well-intentioned courts. But for courts inclined to avoid grappling with modern applications of existing law, they provide ideal camouflage: a way of relying on procedural justifications to ostensibly side-step substantive law decisions—while in effect creating de facto law that robs litigants of their day in court. These negative, unintended consequences of Twombly and Iqbal are vividly illustrated in recent federal litigation brought under the Fair Housing Act involving claims of landlord liability for tenant-on-tenant harassment.

This Article …

Inmate Assistance Programs: Toward A Less Punitive And More Effective Criminal Justice System, Erkmen G. Aslim, Yijia Lu, Murat C. Mungan

Faculty Scholarship

High recidivism rates in the United States are a well-known and disturbing problem. In this article, we explain how this problem can be mitigated in a cost-effective manner through reforms that make greater use of humane methods that help inmates rather than using more punitive measures.

We focus on Inmate Assistance Programs (IAPs) adopted by many states. Some of these programs provide inmates with valuable skill sets to utilize upon their release while others are geared towards treating mental health and substance use disorder problems. IAPs are likely to reduce recidivism by lowering ex-convicts’ need to resort to crime for …

The Rise, Fall, And Rise Of Cyber Civil Libertarianism, Hannah Bloch-Wehba

Faculty Scholarship

Using sexual speech as its focal point, this essay explores the ambiguous legacy of cyber civil liberties and the ascent of alternative paradigms for digital freedom. From its inception, cyberlaw was characterized by a moral panic over sexual speech, pornography, and the protection of children familiar to First Amendment scholars. Important civil libertarian victories recognized that sexual speech and pornography were constitutionally protected from state intervention. The civil libertarian paradigm saw government regulation as the primary threat to free speech online, the marketplace as the more appropriate mechanism for regulating expression, and courts as the rightful arbiters of these disputes. …

Ethical Imperatives And Challenges: Review Of The Use Of Machine Learning For Predictive Analytics In Higher Education, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

The escalating integration of machine learning (ML) in higher education necessitates a critical examination of its ethical implications. This article conducts a comprehensive review of the application of ML for predictive analytics within higher education institutions (HEIs), emphasizing the technology's potential to enhance student outcomes and operational efficiency. The study identifies significant ethical concerns, such as data privacy, informed consent, transparency, and accountability, that arise from the use of ML. Through a detailed analysis of current practices, this review underscores the need for HEIs to develop robust ethical frameworks and technological infrastructures to navigate these challenges effectively. The findings reveal …

Optimizing Adult Learner Success: Applying Random Forest Classifier In Higher Education Predictive Analytics, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

This study examines the application of the Random Forest Classifier (RF) model in predicting academic success among adult learners in higher education. It focuses on evaluating the model's effectiveness using key statistical measures like accuracy, precision, recall, and F1 score across a comprehensive dataset from 2013–14 to 2021–22, which includes variables such as age, ethnicity, gender, Pell Grant eligibility, and academic performance metrics. The research highlights the RF model's capability to handle large datasets with varying data types and demonstrates its superiority over traditional regression models in predictive accuracy. Through an iterative process, the study refines the RF model to …

The Post-Pandemic Job Market For Academic Librarians In The Southeast United States, Louise Lowe, J.B. Hill, Jenna Eastwood Hill, Claresta Icasia

Faculty Scholarship

This study examines the state of the post-pandemic academic library job market in the Southeastern region of the United States. This analysis of academic librarian job advertisements collected from 2022 and 2023 reveals that while some new jobs have emerged there is a continued demand for traditional roles, prior work experience and the ALA-accredited master’s degree. Diversity, equity, and inclusion are prominent in job advertisements despite some regional political opposition. Remote work options are limited, signaling a nuanced approach to work modality post-pandemic.

Marketing, Other Intangibles, And Output Growth In 61 United States Industries, Leo Sveikauskas, Rachel Soloveichik, Corby Garner, Peter B. Meyer, James Bessen, Matthew Russell

Faculty Scholarship

Experts in the System of National Accounts (SNA) recently considered whether marketing could be included as a capital asset in the national accounts and later recommended that marketing should be an intangible in the 2025 SNA (IMF, 2022, 2023). This paper prepares macroeconomic measures of the United States marketing stock and develops similar measures within 61 industries. We find that, from 1987 to 2020, marketing capital contributed approximately as much to output growth (0.18 percentage point per year) as R&D (0.15) or software (0.19) did. Software grew more rapidly, but marketing had a larger factor share. Marketing contributes even more …

Government Misinformation Platforms, Janet Freilich

Faculty Scholarship

There is a harmful mismatch between how information published by the government is perceived-as highly trustworthy-and the reality that it is often not. This Article shows that the government frequently collects information from third party private entities and publishes it with no review or vetting. Although this information is riddled with errors and inaccuracies, scholars, policymakers, and the public treat the information with unwarranted confidence because it derives from the government. Further, institutional imprimatur (and consequent trust) attaches to information even tangentially associated with the government and to information where the government explicitly disclaims review.

This Article highlights the ubiquity …

Reply To: On The Statistical Foundation Of A Recent Single Molecule Fret Benchmark, Dorothy A. Erie, Lydia Kisley, Dushani Dunukara

Faculty Scholarship

In their ‘Matters Arising’ manuscript, Saurabh et al. discuss two issues related to single-molecule Förster resonance energy transfer (smFRET) experiments: the use of the Gaussian noise approximation and spectral crosstalk. Their arguments are based on simulations obtained with parameters that differ significantly from the typical conditions measured experimentally, and, thus, from the regime included in the original study (Götz et al.1). In addition, they make claims about our multi-lab blind study that we would like to rectify. In Table 1, we provide a list of specific statements made by Saurabh et al. with our respective explanations.

Bridging The Digital Divide: Innovative Uses Of Qr Codes And Nfc In The Artistic Realm, Piper Hutson, James Hutson

Faculty Scholarship

In the rapidly evolving digital age, artists and creatives are increasingly leveraging QR codes and Near Field Communication (NFC) technologies to redefine the boundaries between the physical and digital worlds. This article explores the diverse and inventive applications of QR codes and NFC in art installations, augmented reality experiences, interactive storytelling, performance art, and marketing campaigns. By incorporating these technologies, artists may create interactive, immersive, and personalized experiences which engage audiences in novel ways. Additionally, the article delves into the technological advancements enabling these innovative applications, including location-based personalization, machine learning, augmented reality, and the seamless interactions facilitated by NFC …

Towards A Study Protocol: A Data-Driven Workflow To Identify Error Sources In Direct Ink Write Mechatronics, Hein Htet Aung, Quynh D. Tran, Pawan K. Tripathi, Roger H. French, Laura S. Bruckman

Faculty Scholarship

Using Direct Ink Write (DIW) technology in a rapid and large-scale production requires reliable quality control for printed parts. Data streams generated during printing, such as print mechatronics, are massive and diverse which impedes extracting insights. In our study protocol approach, we developed a data-driven workflow to understand the behavior of sensor-measured X- and Y-axes positional errors with process parameters, such as print velocity and velocity control. We uncovered patterns showing that instantaneous changes in the velocity, when the build platform accelerates and decelerates, largely influence the positional errors, especially in the X-axis due to the hardware architecture. Since DIW …

Towards A Study Protocol: A Data-Driven Workflow To Identify Error Sources In Direct Ink Write Mechatronics, Hein Htet Aung, Quynh D. Tran, Pawan Tripathi, Roger H. French, Laura S. Bruckman

Faculty Scholarship

Using Direct Ink Write (DIW) technology in a rapid and large-scale production requires reliable quality control for printed parts. Data streams generated during printing, such as print mechatronics, are massive and diverse which impedes extracting insights. In our study protocol approach, we developed a data-driven workflow to understand the behavior of sensor-measured X- and Y-axes positional errors with process parameters, such as print velocity and velocity control. We uncovered patterns showing that instantaneous changes in the velocity, when the build platform accelerates and decelerates, largely influence the positional errors, especially in the X-axis due to the hardware architecture. Since DIW …

A Synergistic Approach To Outreach And Teaching: Combining Service Learning At The College Level With A Summer Hands-On Outreach Program In Chemical And Biomolecular Engineering For High School Girls, Geeta Verma, Sogol Asaei, Jacob D. Hostert, Rebecca Ahn, Julie N. Renner

Faculty Scholarship

A synergetic approach to combine service learning at the university level with a high school outreach program is described. A holistic view is presented by discussing the importance of outreach and service learning, survey results, and outcomes. Overall, it was found that the unique program increased the self-efficacy (belief about one’s abilities) of students ranging from high school to graduate level, and positively impacted the social responsibility attitudes of university student participants.

Auditory Feedback Decreases Timing Variability For Discontinuous And Continuous Motor Tasks In Autistic Adults, Nicole M. Richard Williams, Luc Tremblay, Corene Hurt-Thaut, Jessica Brian, Julia Kowaleski, Kathrin Mertel, Sebastian Schlüter, Michael Thaut

Faculty Scholarship

Introduction: Autistic individuals demonstrate greater variability and timing error in their motor performance than neurotypical individuals, likely due at least in part to atypical cerebellar characteristics and connectivity. These motor difficulties may differentially affect discrete as opposed to continuous movements in autistic individuals. Augmented auditory feedback has the potential to aid motor timing and variability due to intact auditory-motor pathways in autism and high sensitivity in autistic individuals to auditory stimuli. Methods: This experiment investigated whether there were differences in timing accuracy and variability in autistic adults as a function of task (discontinuous vs. continuous movements) and condition (augmented auditory …

Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh

Faculty Scholarship

“Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a three-part framework: whether a case is rightly decided legally, morally, or sociologically.

Additionally, this Essay argues that disaggregating the question exposes deeper deficiencies in legal education. Many law professors do not provide students with serious grounding to engage in rigorous thinking about the relationship between law, morality, and justice, not to …

Navigating The Maze: The Role Of Pre-Enrollment Socio-Cultural And Institutional Factors In Higher Education In The Age Of Ai, Emily Barnes, James Hutson

Faculty Scholarship

This article explores the complex interplay between pre-enrollment socio-cultural and institutional factors and their impact on the higher education landscape. It challenges traditional metrics of academic achievement, presenting a nuanced perspective on student success that emphasizes the importance of socio-economic backgrounds, cultural capital, and K-12 education quality. The analysis extends to the significant role of institutional attributes in shaping student readiness and decision-making processes. The study advocates for the integration of artificial intelligence (AI)-driven assessments by higher education institutions to cater to the diverse needs of the student body, promoting an inclusive and supportive learning environment. Anchored in an extensive …

Rethinking Plagiarism In The Era Of Generative Ai, James Hutson

Faculty Scholarship

The emergence of generative artificial intelligence (AI) technologies, such as large language models (LLMs) like ChatGPT, has precipitated a paradigm shift in the realms of academic writing, plagiarism, and intellectual property. This article explores the evolving landscape of English composition courses, traditionally designed to develop critical thinking through writing. As AI becomes increasingly integrated into the academic sphere, it necessitates a reevaluation of originality in writing, the purpose of learning research and writing, and the frameworks governing intellectual property (IP) and plagiarism. The paper commences with a statistical analysis contrasting the actual use of LLMs in academic dishonesty with educator …

Effects Of Confinement On Opposed-Flow Flame Spread Over Cellulose And Polymeric Solids In Microgravity, Ankit Sharma, Yanjun Li, Ya-Ting T. Liao

Faculty Scholarship

Opposed-flow flame spread over solid materials has been investigated in the past few decades owing to its importance in fundamental understanding of fires. These studies provided insights on the behavior of opposed-flow flames in different environmental conditions (e.g., flow speed, oxygen concentration). However, the effect of confinement on opposed-flow flames remains under-explored. It is known that confinement plays a critical role in concurrent-flow flame spread in normal and microgravity conditions. Hence, for a complete understanding it becomes important to understand the effects of confinement for opposed-flow flames. In this study, microgravity experiments are conducted aboard the International Space Station (ISS) …

A New Canvas Of Learning: Enhancing Formal Analysis Skills In Ap Art History Through Ai-Generated Islamic Art, Krista Carpino, James Hutson

Faculty Scholarship

This study explores the use of AI art generators to enhance formal analysis skills in AP Art History students, with a focus on Islamic Art and Architecture. Students, often entering the course with high academic achievements, find the unique challenge of articulating detailed visual descriptions of artworks. The study’s approach involves using AI image-generation websites, like wepik.com, where students create AI images resembling Islamic artworks studied in class. This method aims to refine their descriptive skills, focusing on visual evidence rather than relying on identifying details. The choice of Islamic Art, markedly different from other historical periods covered in the …

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Faculty Scholarship

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan

Faculty Scholarship

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …

Researcher Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Viljoen

Faculty Scholarship

For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …

Keynote Address: "Attacking And Defending The Administrative State", Jack M. Beermann

Faculty Scholarship

At the beginning of this semester I told my students at Boston University that this is the most interesting time to take administrative law since I started teaching it nearly forty years ago. Doctrines that seemed settled just a few years ago have been questioned and significant change seems to be on the horizon. Don't get me wrong, we've been here before. In the 1970s and 1980s there were a few Supreme Court decisions on separation of powers¹ that indicated the possibility of big changes, but ultimately it fizzled out into the administrative law revolution that wasn't.

Things feel …

The Ebb, Flow, And Twilight Of Presidential Removal, Jed Handelsman Shugerman

Faculty Scholarship

Just as the Roberts Court has been expanding presidential authority to its historic maximum, recent legal scholarship has shown that the Founders intended, to paraphrase Justice Jackson’s famous Youngstown concurrence, a much lower ebb or at least an ambiguous twilight about “executive power,” in contrast to originalists’ unsupported certainties.

Ogoni Activism And Access To Remedy: Business And Human Rights From The Bottom Up, Ayodeji Kamau Perrin

Faculty Scholarship

Do court victories result in social change? Can victories in court result in losses outside of court? If victories in court are no guarantee of victory outside of court, how much worse are court defeats? This Article explores these questions in part through analyzing Ogoni litigation against Royal Dutch/Shell. In 2002, Esther Kiobel and several co-plaintiffs tried to hold Royal Dutch/Shell accountable for its role in the death of Kiobel’s husband and for wider corporate abuses and related state human rights violations in Ogoniland. But in 2013, a unanimous United States Supreme Court held that the Alien Tort Statute (ATS) …

Urban Flooding: Legal Tools To Address A Growing Crisis, Michael B. Gerrard

Faculty Scholarship

While sea level rise has long received a great deal of attention, another impact of climate change is now getting greater notice — increases in extreme precipitation. As the atmosphere warms, it can hold more moisture; for every increase of one degree Celsius, seven percent more water vapor is carried in the air. When that moisture is quickly released as intense rainstorms, stormwater systems can be overwhelmed, and cities can suffer devastating floods.

The frequency and intensity of heavy precipitation events have increased since the 1950s over most of the world's land areas. One 2023 study — generally consistent with …

Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan

Faculty Scholarship

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …

The Transformation Of Social Work In Ukraine Before And During The War, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

Background: This article aims to review the development of the social work profession in Ukraine and to describe the impact of social, economic and political changes on social work practices and education. Methods: A comprehensive literature review and participant observation methods informed this study. A case study of a Polish community’s response to Ukrainian war refugees illustrates how social workers might capitalize on current social structures to continue strengthening civil society in Ukraine. Findings and Discussion: Social Work, focusing on the fit between person and environment, is shaped by knowledge, culture and belief systems. Ukraine’s history and transition from communist/centralized …

Preserving Linguistic Diversity In The Digital Age: A Scalable Model For Cultural Heritage Continuity, James Hutson, Pace Ellsworth, Matt Ellsworth

Faculty Scholarship

In the face of the rapid erosion of both tangible and intangible cultural heritage globally, the urgency for effective, wide-ranging preservation methods has never been greater. Traditional approaches in cultural preservation often focus narrowly on specific niches, overlooking the broader cultural tapestry, particularly the preservation of everyday cultural elements. This article addresses this critical gap by advocating for a comprehensive, scalable model for cultural preservation that leverages machine learning and big data analytics. This model aims to document and archive a diverse range of cultural artifacts, encompassing both extraordinary and mundane aspects of heritage. A central issue highlighted in the …