Digital Commons Network^™

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …

Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George

Faculty Scholarship

Framing—the subtle use of context to suggest a conclusion—is a dubious alternative to direct argumentation. Both the brilliance and the bane of marketing, framing also creeps into supposedly objective analysis. Law offers several examples, but a lesser known one is International Shoe’s two-part jurisdictional test. The framing occurs in the underscoring of defendant’s due process rights contrasted with plaintiff’s “interests” which are often dependent on governmental interests. This equation ignores, both rhetorically and analytically, the injured party’s centuries-old rights to—not interests in—a remedy in an open and adequate forum.

Even within the biased frame, the test generally works, if not …

Latinas In The Legal Academy: Progress And Promise, Raquel E. Aldana, Emile Loza De Siles, Solangel Maldonado, Rachel F. Moran

Faculty Scholarship

The 2022 Inaugural Graciela Oliva ́rez Latinas in the Legal Academy (“GO LILA”) Workshop convened seventy-four outstanding and powerful Latina law professors and professional legal educators (collectively, “Latinas in the legal academy,” or “LILAs”) to document and celebrate our individual and collective journeys and to grow stronger together. In this essay, we, four of the Latina law professors who helped to co-found the GO LILA Workshop, share what we learned about and from each other. We invite other LILAs to join our community and share their stories and journeys. We hope that the data and lessons that we share can …

Enhancing Employability For Autistic Graduates: Using Triz Theory To Design Virtual Reality Solutions For Fostering Inclusive Communications In Workplace Environments, Jonathan Proulx Guimond, Jocelyn Kiss, Reyes Consuelo, Miguel Alejandro, Dominique Michaud, Rency Inson Michel, Alexandre Ménard, Isabelle Feillou, Geoffreyjen Edwards, James Hutson, Claude Vincent, Julie Ruel, Sylvain Letscher, Valéry Psyché, Cathia Papi, Martin Caouette

Faculty Scholarship

The underemployment of post-secondary graduates with autism (AP-PSD) is a critical concern. This issue often stems from difficulties in workplace integration and communication. This research explores the potential of virtual reality (VR) systems to alleviate these challenges by simulating work environments. The methodology, rooted in the TRIZ Theory, a problem-solving algorithm, refines the use of VR systems for enhanced adaptability and efficiency. The primary objectives include enhancing employers' understanding of AP-PSD-related issues and identifying significant workplace challenges faced by AP-PSDs. Through literature reviews, surveys, and focus groups, the study investigates the factors impacting AP-PSDs and identifies key components to develop …

Life, Death, And Ai: Exploring Digital Necromancy In Popular Culture—Ethical Considerations, Technological Limitations, And The Pet Cemetery Conundrum, James Hutson, Jay Ratican

Faculty Scholarship

This article explores the rise of generative AI, particularly ChatGPT, and the combination of large language models (LLM) with robotics, exemplified by Ameca the Robot. It addresses the need to study the ethical considerations and potential implications of digital necromancy, which involves using AI to reanimate deceased individuals for various purposes. Reasons for desiring to engage with a disembodied or bodied replica of a person include the preservation of memories, emotional closure, cultural heritage and historical preservation, interacting with idols or influential figures, educational and research purposes, and creative expression and artistic endeavors. As such, this article examines historical examples …

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy, Christian G. Fritz

Faculty Scholarship

Interposition was not a claim that state sovereignty could or should displace national authority, but a claim that American federalism needed to preserve some balance between state and national authority.

http://commonplace.online/article/interposition/

Bura Ura, Kendu Waiyo (Rain Falls, Water Rises): The Tyranny Of Water Insecurity And An Agenda For Abolition In Kodi (Sumba Island, Indonesia), Cynthia Twyford Fowler

Faculty Scholarship

This article explores the dynamic links between transformations in freshwater ecosystems and social changes in the Kodi region of Sumba (Indonesia). Insights into the politics surrounding changing hydrosocial systems are generated by using a feminist anthropology approach together with critical development studies and intersectionality theory. In aligning with fellow feminists whose advocacy sometimes takes the form of scholarship, I lay out a five-prong strategy for collecting empirical evidence from persons who are vulnerable when hydrological systems change and offer eight principles for future development interventions. The argument related to the five-prong toolkit is that by conducting intensive, extensive, opportunistic, and …

Monitoring American Federalism: The Overlooked Tool Of Sounding The Alarm Interposition, Christian G. Fritz

Faculty Scholarship

One key feature of the U.S. Constitution – the concept of federalism – was unclear when it was introduced, and that lack of clarity threatened the Constitution’s ratification by those who feared the new government would undermine state sovereignty. Proponents of the new governmental framework were questioned about the underlying theory of the Constitution as well as how it would operate in practice, and their explanations produced intense and extended debate over how to monitor federalism.

http://50shadesoffederalism.com/case-studies/monitoring-american-federalism-the-overlooked-tool-of-sounding-the-alarm-interposition/#more-1574

The Six Emotional Dimension (6de) Model: A Multidimensional Approach To Analyzing Human Emotions And Unlocking The Potential Of Emotionally Intelligent Artificial Intelligence (Ai) Via Large Language Models (Llm), Jay Ratican, James Hutson

Faculty Scholarship

The rapid advancements in artificial intelligence (AI) research, particularly in training large language models (LLMs) such as OpenAI's ChatGPT 3.5 and 4, hold significant potential for future applications in education, healthcare, and assisted living. Emotionally intelligent AI systems can provide personalized and adaptive educational experiences, enhancing engagement and educational outcomes. In healthcare, they can offer empathetic mental health support, augmenting existing resources. In assisted living, AI companions can provide emotional support, cognitive stimulation, and monitoring services, promoting independence and safety. However, ethical considerations and privacy safeguards are crucial to ensure responsible deployment. Integrating emotionally intelligent AI in these domains has …

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.

Gamestopped: How Robinhood’S Gamestop Trading Halt Reveals The Complexities Of Retail Investor Protection, Neal Newman

Faculty Scholarship

Should brokers have the unfettered right to restrict investor trading? GameStop, a brick-and-mortar video game retailer, had been experiencing declining revenues since 2016. However, GameStop saw its share price climb almost 1000 percent in the span of a one- week period from January 21, 2021 to January 27, 2021 due to retail investors buying significant amounts of GameStop shares during that period. Melvin Capital, a hedge fund, ended up losing billions as they were betting that GameStop shares would lose value instead of increase—a practice referred to as short selling. On January 28, 2021, brokers inexplicably halted trading on GameStop …

Even Lawyers Do Not Like Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Significance

The Common Law Inside Social Media, Anita Bernstein

Faculty Scholarship

No abstract provided.

Integrating Ai-Generative Tools In Web Design Education: Enhancing Student Aesthetic And Creative Copy Capabilities Using Image And Text-Based Ai Generators, Jason Lively, James Hutson, Elizabeth Melick

Faculty Scholarship

Artificial Intelligence (AI) is poised to disrupt all levels of education. The recent advances in the generative capabilities of new chatbots, AI art generators, and large language models have upended the art and design development pipeline. At the same time, the focus has remained on the nature of creativity and the role of humans in the creative process, prompting calls to ban AI art, bring lawsuits over copyright infringement, and demand universal watermarks to identify AI-generative content. Regardless of the outcome of such litigation, AI has already radically altered the workflow for artists and designers. This case study aims to …

Enhancing Institutional Assessment And Reporting Through Conversational Technologies: Exploring The Potential Of Ai-Powered Tools And Natural Language Processing, James Hutson, Daniel Plate

Faculty Scholarship

This study explores the potential of conversational technologies, AI-powered tools, and natural language processing (NLP) in enhancing institutional assessment and reporting processes in higher education. The traditional approach to assessment often involves labor-intensive manual analysis of extensive data and documents, which burdens institutions. To address these challenges, AI-powered tools, such as ChatGPT, LangChain, Poe, Claude, and others, along with NLP techniques, are investigated in relationship to their ability to improve institutional assessment practices and output. By leveraging these advanced technologies, assessment officers and institutional effectiveness, researchers can engage in dynamic conversations with data, transforming spreadsheets and documents from static artifacts …

The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo

Faculty Scholarship

This Article shows how consumer law, a field “derided as the law of small problems,”⁴ is more accurately viewed as important for addressing large-scale societal threats. It also offers a more integrated conceptual and institutional approach to consumer law so that the field can have a better chance of fulfilling its societal potential.

Part I of this Article outlines the importance of consumer law. It maps consumer law’s connections to some of the most pressing societal threats: climate change, public health, inequality, and disinformation. Part II focuses on consumer law’s place in the legal academy and government. Currently, important …

Patents' New Salience, Janet Freilich

Faculty Scholarship

The vast majority of patents do not matter. They are almost never enforced or licensed and, in consequence, are almost always ignored. This is a well-accepted feature of the patent system and has a tremendous impact on patent policy. In particular, while there are many aspects of patent law that are potentially troubling-including grants of unmerited patents, high transaction costs in obtaining necessary patent licenses, and patents' potential to block innovation and hinder economic growth-these problems may be insignificant in practice because patents are under-enforced and routinely infringed without consequence.

This Article argues that technological developments are greatly increasing the …

Digital Privacy For Reproductive Choice In The Post-Roe Era, Aziz Z. Huq, Rebecca Wexler

Faculty Scholarship

The overruling of Roe v. Wade has unleashed a torrent of regulatory and punitive activity restricting previously lawful reproductive options. But the turn to the expansive criminal law and new schemes of civil liability creates novel concerns, quite distinct from the pre-Roe landscape a half-century ago. Reproductive choice, and its nemesis, turn upon information. For pregnant people, deciding on a choice of medical care entails a search for advice and services. Information is at a pre­mium for them. Meanwhile, efforts to regulate abortion began with clinic closings. But they will quickly extend to civil actions and criminal indictments of patients, …

Real-Time Mapping With Global Positioning Systems Devices In A Mixed Methods Toolkit For Studying Social And Environmental Change, Cynthia Twyford Fowler

Faculty Scholarship

To explore the process through which people develop knowledge about socioecological change, this article describes a mixed-methods toolkit containing a technique for making maps in real time while moving through landscapes. The quantitative component of the toolkit is grounded in ethnobiologists’ embeddedness in place-based communities and harnesses the power of global positioning systems (GPS). As GPS-wielding ethnobiologists engage in participatory mapping by moving through landscapes with their research collaborators, we can use handheld devices and simultaneously communicate with satellites in outer space to produce maps in real time. Within the existing, large inventory of ethnobiological methods, using handheld GPS devices …

Unmet Needs With Antipsychotic Treatment In Schizophrenia And Bipolar I Disorder: Patient Perspectives From Qualitative Focus Groups, Martha Sajatovic

Faculty Scholarship

Background: Schizophrenia (SZ) and bipolar I disorder (BD-I) are chronic mental health disorders often treated with antipsychotic medications. This qualitative study sought to better understand disease burden and treatment experiences with oral antipsychotic medications in participants living with SZ or BD-I. Methods: Six 90-min focus groups were conducted with participants diagnosed with SZ or BD-I. Trained moderators facilitated discussions using a semistructured guide. Participants described symptoms, impacts of disease, and experiences with oral antipsychotic medications, whether favourable or unfavourable. Results: Among participants with SZ (n = 15; 3 groups, 5 per group), 53% were male and 33% were white, with …

Poor Seizure Control Among Children Attending A Tertiary 8 Hospital In South Western Uganda – A Retrospective Study [Response To Letter], Martha Sajatovic

Faculty Scholarship

No abstract provided.

Utilizing Neurodiverse Workplace Strategies To Support The Growing Population Of Long Covid Cases In A Neuroinclusive Workplace: A Paradigm Shift For Neuroacquired Employees, Piper Hutson, James Hutson

Faculty Scholarship

The COVID-19 pandemic has led to the emergence of long COVID, a condition in which patients report persistent symptoms after recovering from acute SARS-CoV-2 infection. A review conducted by the National Institute for Health Research (NIHR) suggests that long COVID may actually consist of four different syndromes: post-intensive care syndrome, post-viral fatigue syndrome, and long-term COVID syndrome. The absence of a clear definition for this condition may lead to under-recognition and under-treatment of the symptoms experienced by those affected. Moreover, existing programs designed for neuro diverse individuals may be adapted to support the growing neuro acquired population. Communication strategies, such …

The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin

Faculty Scholarship

Professor Bernadette Atuahene’s article, A Theory of Stategraft, develops the new theoretical conception of “stategraft.” Professor Atuahene notes that when state agents have engaged in practices of transferring property from persons to the state in violation of the state’s own laws or basic human rights, it sits at the nexus of illegal behavior and revenue-generating activity for the government. Although there are countless instances of “stategraft,” one particularly salient example is when the state uses artificial intelligence to illegally extract resources from people. This Essay will apply stategraft to an algorithm implemented in Michigan that falsely accused recipients of unemployment …

Civil Procedure Update 2023, Julio C. Romero, Verónica C. Gonzales

Faculty Scholarship

This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.

Generative Ai And Algorithmic Art: Disrupting The Framing Of Meaning And Rethinking The Subject- Object Dilemma, James Hutson, Morgan Harper-Nichols

Faculty Scholarship

In the revision of treatments of contemporary art in the 21st century, art historians are recognizing 2022 as the dawn of the age of creative artificial intelligence (AI). The emergence of generative AI tools like ChatGPT and Stable Diffusion in late 2022 immediately disrupted the established practices of the art world, leading to debates about the validity of "AI Art" and the emergence of a new market for NFTs. However, fears regarding the "death of the artist" are unwarranted when considering the historical adoption of new technologies by artists, such as photography. The role of the artist will undoubtedly transform, …

The Poetry Of Prompts: The Collaborative Role Of Generative Artificial Intelligence In The Creation Of Poetry And The Anxiety Of Machine Influence, James Hutson, Ana Schnellmann

Faculty Scholarship

2022 has been heralded as the year of generative artificial intelligence (AI). Generative AI like ChatGPT and Stable Diffusion, along with a host of others, launched late in the year and immediately disrupted the status quo of the literary and art worlds, leading to outcries to ban “AI Art” and spawning an entirely new market of NFTs. Fears over the “death of the artist” and the “death of college composition,” however, are unfounded when considering the historical adoption of emerging technologies by creatives and the reconsideration of authorship that began with post structuralism and the Foucauldian Death of the Author …

If We Build It, Will They Legislate? Empirically Testing The Potential Of The Nondelegation Doctrine To Curb Congressional "Abdication", Daniel E. Walters, Elliott Ash

Faculty Scholarship

A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations, either expressly delineated or implied through statutory imprecision, and that enforcement of the nondelegation doctrine would correct for those incentives. We call this the Field of Dreams Theory—if we build the nondelegation doctrine, Congress will legislate. Unlike originalist arguments for the revival of the nondelegation doctrine, this theory has widespread appeal and is instrumental to the Court’s project of gaining popular acceptance of a …

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the Paris and Berne Conventions, the international intellectual property regime has encountered two world wars, struggled with several global pandemics, welcomed dozens of newly independent nations and interacted with a wide variety of technologies and innovative practices. Although this regime progressed only slowly for the larger part of its first century, it saw major transformation in the past four decades, including the adoption of the WTO TRIPS Agreement.

Written in commemoration of the centennial of the American Branch of the International Law Association, this article identifies three megatrends to illuminate the magnitude and ramifications of such …

The Article Iii "Party" And The Originalist Case Against Corporate Diversity Jurisdiction, Mark Moller, Lawrence B. Solum

Faculty Scholarship

Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s extension of Article III’s Diversity of Citizenship Clause to corporations. Yet, critics have questioned the constitutionality of corporate diversity jurisdiction from the beginning.

In this Article and a previous one, we develop the first sustained critique of corporate diversity jurisdiction.

Our previous article demonstrated that corporations are not “citizens” given the original meaning of that word. But we noted this finding alone doesn’t sink general corporate diversity jurisdiction. The ranks of corporate shareholders include many undoubted “citizens.” And …

Understanding Dark Patterns In Home Iot Devices, Monica Kowalczyk, Johanna Gunawan, David Choffnes, Daniel J. Dubois, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Internet-of-Things (IoT) devices are ubiquitous, but little attention has been paid to how they may incorporate dark patterns despite consumer protections and privacy concerns arising from their unique access to intimate spaces and always-on capabilities. This paper conducts a systematic investigation of dark patterns in 57 popular, diverse smart home devices. We update manual interaction and annotation methods for the IoT context, then analyze dark pattern frequency across device types, manufacturers, and interaction modalities. We find that dark patterns are pervasive in IoT experiences, but manifest in diverse ways across device traits. Speakers, doorbells, and camera devices contain the most …