Digital Commons Network^™

The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter Reilly

Faculty Scholarship

In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: “Should the mediation be conducted in-person, or virtually?” The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these …

Neuroaffirmative Approaches To Extended Reality: Empowering Individuals With Autism Spectrum Condition Through Immersive Learning Environments, James Hutson, Caitlyn Mcginley

Faculty Scholarship

Traditional teaching and working environments often prioritize extroverted qualities, disadvantaging individuals with conditions that impact social engagement, such as autism spectrum condition (ASC). These individuals usually thrive in calmer, low-key learning environments but face challenges in lecture-style classes, and traditional office environments leading to marginalization in academic and professional settings. This study explores the neuroaffirming potential of extended reality (XR) in creating immersive learning and working environments tailored to the unique needs of individuals with ASC. By focusing on four key factors—indirect social engagement, digital communication preferences, sensory sensitivity, and avatar-based communication—XR technologies can provide a supportive and accommodating environment …

A Randomized Controlled Trial To Examine The Impact Of A Multi-Strain Probiotic On Self-Reported Indicators Of Depression, Anxiety, Mood, And Associated Biomarkers, Kylie E. Walden, Jessica M. Moon, Anthony M. Hagele, Leah E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Petey W. Mumford, Marco Pane, Chad M. Kerksick

Faculty Scholarship

Objective: To examine the efficacy of supplementing with a multi-strain probiotic (MSP) on changes associated with mood, anxiety, and neurotransmitter levels.

Method: In a randomized, double-blind, placebo-controlled fashion, 70 healthy men and women (31.0  ±  9.5  years, 173.0  ±  10.4  cm, 73.9  ±  13.8  kg, 24.6  ±  3.5  kg/m2 ) supplemented with a single capsule of MSP (a total daily dose of 4 × 109 colony forming units [CFU] comprised of a 1 × 109   CFU dose from each of the following strains: Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04, Probiotical S.p.A., Novara, …

Virtual Learning Environments And Digital Twins: Enhancing Accessibility, Diversity, And Flexibility In Training Secondary Educational Administrators, James Hutson, Robert Steffes, Joe Weber

Faculty Scholarship

This study investigates the potential of Virtual Learning Environments (VLEs) and digital twins to overcome geo-graphical, scheduling, and diversity barriers in the training of secondary educational administrators. Recognizing the limitations in traditional in-person visits to schools-particularly for graduate students in rural areas and those working fulltime with dependents-and the current ethnic composition of educational administrators, where White individuals comprise 64.5% of the population in the US (71.01% for principals), this research explores how VLEs can democratize access and foster diversity in educational leadership training. Over the academic year 2022–2023, pre- and post-engagement surveys were administered to students in a Visionary …

Tutorial: Using Neuron For Neuromechanical Simulations, Hillel J. Chiel, Peter J. Thomas

Faculty Scholarship

The dynamical properties of the brain and the dynamics of the body strongly influence one another. Their interaction generates complex adaptive behavior. While a wide variety of simulation tools exist for neural dynamics or biomechanics separately, there are few options for integrated brain-body modeling. Here, we provide a tutorial to demonstrate how the widely-used NEURON simulation platform can support integrated neuromechanical modeling. As a first step toward incorporating biomechanics into a NEURON simulation, we provide a framework for integrating inputs from a “periphery” and outputs to that periphery. In other words, “body” dynamics are driven in part by “brain” variables, …

Freehold Offices Vs. "Despotic Displacement": Why Article Ii "Executive Power" Did Not Include Removal, Jed Handelsman Shugerman

Faculty Scholarship

The Roberts Court has relied on an assertion that Article II’s “executive power” implied an “indefeasible” or unconditional presidential removal power. In the wake of growing historical evidence against their theory, unitary executive theorists have fallen back on a claim of a “backdrop” or default removal rule from English and other European monarchies. However, unitary theorists have not provided support for these repeated assertions, while making a remarkable number of errors, especially in the recent “The Executive Power of Removal” (Harvard L. Rev. 2023).

This Article offers an explanation for the difficulty in supporting this historical claim: Because …

Aggressive End-Of-Life Care Across Gradients Of Cognitive Impairment In Nursing Home Patients With Metastatic Cancer, Siran M. Koroukian, Sara L. Douglas, Long Vu, Hannah L. Fein, Nicholas K. Schiltz, Jennifer Cullen, Cynthia Owusu, Martha Sajatovic, Johnie Rose

Faculty Scholarship

Background: Studies examining end-of-life (EOL) care in older cancer patients are scarce, and prior studies have not accounted for gradients of cognitive impairment (COG-I). We examine EOL care patterns across COG-I gradients, hypothesizing that greater COG-I severity is associated with lower odds of receiving aggressive EOL care. Methods: Using data from the linked Surveillance Epidemiology and End Results (SEER) -Medicare -Minimum Data Set (MDS) 3.0, we identified patients with nursing facility stays (NFS) and who died with metastatic cancer from 2013 to 2017. Markers of aggressive EOL care were: cancer-directed treatment, intensive care unit admission, >1 emergency department visit, or …

Differential Expression Of Genes Involved In The Chronic Response To Intracortical Microelectrodes, Sydney S. Song, Lindsey N. Druschel, E. Ricky Chan, Jeffrey R. Capadona

Faculty Scholarship

Brain-Machine Interface systems (BMIs) are clinically valuable devices that can provide functional restoration for patients with spinal cord injury or improved integration for patients requiring prostheses. Intracortical microelectrodes can record neuronal action potentials at a resolution necessary for precisely controlling BMIs. However, intracortical microelectrodes have a demonstrated history of progressive decline in the recording performance with time, inhibiting their usefulness. One major contributor to decreased performance is the neuroinflammatory response to the implanted microelectrodes. The neuroinflammatory response can lead to neurodegeneration and the formation of a glial scar at the implant site. Historically, histological imaging of relatively few known cellular …

Teaching Spatial Data Analysis: A Case Study With Recommendations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

Learning from data is a valuable skill for nonprofit professionals and researchers. Often, data have a spatial component, and data relevant to the nonprofit sector are no exception. Understanding spatial aspects of the nonprofit sector may provide immense value to social entrepreneurs, funders, and policy makers, by guiding programmatic decisions, facilitating resource allocation, and development policy. As a result, spatial thinking has become an essential component of critical thinking and decision making among nonprofit professionals. The goal of this case study is to support and encourage instruction of spatial data analysis and spatial thinking in nonprofit studies. The case study …

Living Apart After Adoption Or Guardianship: Perspectives Of Adoptive Parents And Guardians, Nancy Rolock, Amy E. Korsch-Williams, Chelsea Flanigan

Faculty Scholarship

Background: For children who are not reunified with their biological family members, the child welfare system promotes legal permanence through adoption or guardianship. The intent of adoption and guardianship is a safe home where children develop familial relationships that last a lifetime. However, issues may arise that result in children or youth living apart (LA) from their families after adoption or guardianship. In this study, LA is defined as a youth living outside the home after adoption or guardianship for two weeks or longer because the youth was receiving treatment in a residential or hospital setting, in a juvenile justice …

Moral Framing And Affirmative Outreach As Drivers Of Health Insurance Enrollment In Medicaid And A State Exchange: A Randomized Field Experiment, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Legal efforts to expand health insurance coverage have relied on traditional economic theory. Despite expanded subsidies and some state mandates, nearly 30 million Americans are uninsured, including many who could afford it. Where economic self-interest has not fostered enrollment, we test whether moral framing around community or responsibility could be more effective.

We present a pre-registered field experiment with a state government (Maryland) dataset of uninsured residents (N=16,477). We randomized to four conditions: (a) no-contact control, (b) affordability messaging (status quo), (c) responsibility messaging, or (d) community messaging, and found responsibility and community messages most effective (an 18.5% change).

Autism In Females: Understanding The Overlooked Diagnoses, Unique Challenges, And Recommendations, Piper Hutson, James Hutson

Faculty Scholarship

Autism Spectrum Condition (ASC) is a neurodevelopmental disorder that affects individuals of both sexes. However, females with ASC frequently remain undiagnosed or misdiagnosed due to a range of factors, including gender bias in the medical profession, societal expectations, and a lack of knowledge about the unique challenges they face. For instance, the gendered subset of the population often struggles with social interaction and communication, relying more on analytical thinking, which can lead to difficulty in generating acceptable responses and behaviors. At the same time, females are more adept at masking their innate behaviors associated with the condition and hyper-focus on …

Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

The Role Of Faculty In Durable Skills Development In Higher Education, James Hutson, Mark Valenzuela, Shannon Wright, Elizabeth Melick

Faculty Scholarship

Although Emsi and other market researchers have found that employers desire durable skills (formerly known as “soft skills”) in new hires, there have been few studies dedicated to identifying how faculty perceptions of skill development differ in degree and by area, and how that might impact how such skills are embedded in classroom instruction. This study proposes to investigate the perceptions of faculty from different academic backgrounds and how their disciplines and experiences may contribute to their perceived role in curricular, cocurricular or extracurricular offerings that support durable skill development. Results from the study demonstrate the differing perspectives and expectations …

Negotiation Theories Engage Hybrid Warfare, Nancy Welsh, Sharon Press, Andrea Kupfer Schneider

Faculty Scholarship

The concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to …

A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman

Faculty Scholarship

We will begin with a discussion about how the hybrid warfare context is different from other conflict contexts. We will describe some complexity aspects that make hybrid warfare challenging to negotiators. We will then discuss whether classical negotiation theory prescriptions apply to a hybrid warfare context, especially regarding interests. We will argue that these prescriptions related to classical negotiations are unlikely to work in this context. We will focus our analysis on a subset of hybrid warfare attacks, consisting of short-term, time-sensitive, high-risk crises, where negotiations are possible and necessary, such as ransom demands, rather than on hybrid warfare situations …

Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes

Faculty Scholarship

Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …

Rethinking Education In The Age Of Ai: The Importance Of Developing Durable Skills In The Industry 4.0, James Hutson, Jason Ceballos

Faculty Scholarship

This article discusses the pressing need to integrate artificial intelligence (AI) into education to facilitate customizable, individualized, and on-demand learning pathways. At the same time, while AI has the potential to expand the learner base and improve learning outcomes, the development of NACE Competencies and durable skills – communication, critical thinking, creativity, leadership, adaptability, and emotional intelligence - must be purposefully integrated in curriculum design now more than ever. Recent studies have shown that AI-driven learning pathways can achieve outcomes more quickly, but this comes at the cost of the development of durable skills. Therefore, traditional student-to-student and student-to-teacher interactions …

Neuroinclusive Workplaces And Biophilic Design: Strategies For Promoting Occupational Health And Sustainability In Smart Cities, James Hutson, Piper Hutson

Faculty Scholarship

This study aims to investigate the impact of biophilic design on occupational health and productivity, with a particular focus on addressing the needs of diverse populations, including the neurodiverse, during the post-pandemic return to work. With an estimated 15 – 20% of the global population considered neurodiverse, it is crucial to understand and accommodate their specific needs, such as those with attention-deficit hyperactivity disorder, autism spectrum condition, and learning disabilities. These individuals face increased occupational stress, necessitating the development of targeted strategies. The renewed interest in sustainability and employee well-being has led to a resurgence of biophilic design in the …

Corporate Compliance's Achilles Heel, Miriam Baer

Faculty Scholarship

No abstract provided.

Initiation Payments, Scott Hirst

Faculty Scholarship

Many of the central discussions in corporate governance, including those regarding proxy contests, shareholder proposals, and other activism or stewardship, can be understood as a single question: Is there under-initiation of corporate changes that investors would collectively prefer?

This Article sheds light on this question in three ways. First, the Article proposes a theory of investor initiation, which explains the hypothesis that there is under-initiation of collectively-preferred corporate change by investors. Even though investors collectively prefer that certain corporate changes take place, the costs to any individual investor from initiating such changes through high-cost proxy contests, or even low-cost shareholder …

Harnessing Artificial Intelligence For Early And Evolution Of Alzheimer’S Disease Detections And Enhancing Senior Mental Health Through Innovative Art-Singing Therapies: A Multidisciplinary Approach, Jocelyne Kiss, Geoffreyjen Edwards, Rachel Bouserhal, Elaine Champagne, Thierry Belleguic, Valéry Psyché, Charles Batcho, Carol Hudon, Sylsvie Ratté, Ingrid Verdruyckt, Marie-Hélène Parizeau, Aaron Liu-Rosenbaum, James Hudson, Marie-Louise Bourbeau, Marie Lemieux, Annik Charbonneau

Faculty Scholarship

The well-documented therapeutic potential of group singing for patients living with Alzheimer’s disease (PLAD) has been hindered by COVID-19 restrictions, exacerbating loneliness and cognitive decline among seniors in residential and long-term care centers (CHSLDs). Addressing this challenge, the multidisciplinary study aims to develop a patient-oriented virtual reality (XR) interaction system facilitating group singing for mental health support during confinement and enhancing the understanding of the links between Alzheimer’s disease, social interaction, and singing. The researchers also propose to establish an early AD detection system using voice, facial, and non-invasive biometric measurements and validate the efficacy of selected intervention practices. The …

National Telecommunications And Information Administration: Comments From Researchers At Boston University And The University Of Chicago, Ran Canetti, Aloni Cohen, Chris Conley, Mark Crovella, Stacey Dogan, Marco Gaboardi, Woodrow Hartzog, Rory Van Loo, Christopher Robertson, Katharine B. Silbaugh

Faculty Scholarship

These comments were composed by an interdisciplinary group of legal, computer science, and data science faculty and researchers at Boston University and the University of Chicago. This group collaborates on research projects that grapple with the legal, policy, and ethical implications of the use of algorithms and digital innovation in general, and more specifically regarding the use of online platforms, machine learning algorithms for classification, prediction, and decision making, and generative AI. Specific areas of expertise include the functionality and impact of recommendation systems; the development of Privacy Enhancing Technologies (PETs) and their relationship to privacy and data security laws; …

Balkinization Symposium On Christian G. Fritz, Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz

Faculty Scholarship

Balkinization, the blog founded by Knight Professor of Constitutional Law and the First Amendment Jack Balkin (Yale Law School), hosted a symposium on Christian Fritz's book Monitoring American Federalism: The History of State Legislative Resistance (Cambridge University Press, 2023) June 14-26, 2023. Six scholars from law schools across the United States discussed the book and the symposium concluded with Professor Fritz's response to the commentators.

Treatment Of Trauma Using Horse Assisted Education In Poland, Kathleen J. Farkas, Jaroslaw Richard Romaniuk

Faculty Scholarship

Trauma-informed care requires a sound therapeutic relationship to address trauma symptoms. People with trauma symptoms often cannot use their communication skills or do not possess the emotional stability to talk with others, and many drop out of treatment. Horse Assisted Education employs a partnership of horse and humans which leads to engagement and participation in experiential and narrative trauma treatment leading to sustained change and recovery. This paper illustrates a model of Horse Assisted Education in Poland, its application in the treatment of trauma symptoms. Three case studies are used to discuss the ways in which the human-animal partnerships foster …

Using The Hands To Learn About The Brain: Testing Action-Based Instruction In Brain Anatomy, Fey Parrill

Faculty Scholarship

Brain anatomy is typically taught using static images. We asked participants to use their own hands to represent the brain and perform gestures during learning. We measured learning via a pretest/postest design. We compared five video trainings in which participants heard similar audio and repeated terminology aloud. Conditions were: (1) Image: Participants saw images of a physical model of the brain. (2) Physical model: Participants saw hands pointing to the physical model. (3) Physical model + action: Participants performed actions on the physical model. (4) Hand model: Participants saw images of hands being used to represent the brain. (5) Hand …

Human-Ai Collaboration For Smart Education: Reframing Applied Learning To Support Metacognition, James Hutson, Daniel Plate

Faculty Scholarship

This chapter investigates the profound influence of intelligent virtual assistants (IVAs) on the educational domain, specifically in the realm of individualized learning and the instruction of writing abilities and content creation. IVAs, incorporating generative AI technologies such as ChatGPT and Stable Diffusion, hold the potential to bring about a paradigm shift in educational programs, emphasizing the enhancement of advanced metacognitive capacities rather than the fundamentals of communication. The subsequent recommendations stress the need to cultivate enduring proficiencies and ascertain tailored learning approaches for each learner, which will be indispensable for success in the evolving job market. In this context, prompt …

Exploring The Educational Potential Of Ai Generative Art In 3d Design Fundamentals: A Case Study On Prompt Engineering And Creative Workflows, James Hutson, Bryan Robertson

Faculty Scholarship

AI will be increasingly integrated into artistic practices and creative workflows with prompt engineering assuming an increasingly important role in the process. With readilyavailable generative AI, such as Midjourney, DALL-E 2, and Craiyon (formerly DALLE-mini), anyone can seemingly create "art,” prompting questions about the future necessity of art and design education. However, whereas the ease with which content can be created has seen an outcry from the traditional artmaking community, fears over widespread adoption replacing the need for a firm foundation in art and design principles and fundamentals is unfounded. Instead, these tools should be seen and adopted as other …

Black And Blue Police Arbitration Reforms, Michael Z. Green

Faculty Scholarship

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …

Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of “education theft” through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by intentionally violating the residency requirements. The Essay begins by revisiting the debate on intellectual property rights as property rights. It discusses the ill fit between intellectual property law and the traditional property model, the impediments the law has posed to public access to education, and select reforms that have …