Digital Commons Network^™

The Relationship Between Religion, Substance Misuse, And Mental Health Among Black Youth, Dexter R. Voisin

Faculty Scholarship

Studies suggest that religion is a protective factor for substance misuse and mental health concerns among Black/African American youth despite reported declines in their religious involvement. However, few studies have investigated the associations among religion, substance misuse, and mental health among Black youth. Informed by Critical Race Theory, we evaluated the correlations between gender, depression, substance misuse, and unprotected sex on mental health. Using multiple linear regression, we assessed self-reported measures of drug use and sex, condom use, belief in God, and religiosity on mental health among a sample of Black youth (N = 638) living in a large midwestern …

Disruptive Homiletics: Liberationist Hermeneutics And The Preconditions Of Critical Consciousness, Joel (J.T.) Young

Faculty Scholarship

No abstract provided.

Go‐Along Interview Assessment Of Community Health Priorities For Neighborhood Renewal, Kristen A. Berg, Adam T. Perzynski

Faculty Scholarship

Healthcare systems are increasingly investing in approaches to address social determinants of health and health disparities. Such initiatives dovetail with certain approaches to neighborhood development, such as the EcoDistrict standard for community development, that prioritize both ecologically and socially sustainable neighborhoods. However, healthcare system and community development initiatives can be untethered from the preferences and lived realities of residents in the very neighborhoods upon which they focus. Utilizing the go-along approach to collecting qualitative data in situ, we interviewed 19 adults to delineate residents' community health perspectives and priorities. Findings reveal health priorities distinct from clinical outcomes, with residents emphasizing …

The Role Of Ethical Principles In Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

Do high-tech startups benefit from developing more ethical AI? AI startups implement policies and take actions to manage ethical issues associated with data collection, storage, and usage and adapt to the norms of their industry. This paper describes these startups' ethics-related actions, including ethical AI policy adoption, and examines how these actions relate to startup performance. We find that merely adopting an ethical AI policy (i.e., a less costly signal) does not relate to increased performance. However, there is evidence that investors reward startups that take more costly preventative pro-ethics actions, like seeking expert guidance, training employees about unconscious bias, …

Pharmacotherapeutic Challenges For Treating The Baby Boomer Cohort, Scott P. Pelok

Faculty Scholarship

As the baby boomer cohort ages, they have an ever‐increasing number of comorbidities and associated poly‐pharmaceutical treatment needs. The challenge for healthcare providers is to stay current of advancements in providing for this aging population. Baby boomers can expect a longer life expectancy than any previous generation. Yet, longevity has not correlated with better health. This cohort is noted for being goal driven and more self‐assured than younger generations. They are resourceful and will often attempt to fix things themselves, including their healthcare. They believe hard work deserves justifiable rewards and relaxation. These beliefs have resulted in baby boomers utilizing …

A Response To Rules Of Medical Necessity, Brendan S. Maher

Faculty Scholarship

Professors Monahan and Schwarcz’s recent Article in the Iowa Law Review, Rules of Medical Necessity, is a must-read for multiple audiences. In this short Response, I informally describe health insurance, and—using that perspective—describe and comment on why Rules of Medical Necessity is a piece of work that not only deserves attention from experts in the field, but is also one that casual readers should choose first when attempting to understand how health insurance works in theory and practice.

The Legal Ethics Of Family Separation, Milan Markovic

Faculty Scholarship

On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.

Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …

Reconceiving Argument Schemes As Descriptive And Practically Normative, Brian N. Larson, David Seth Morrison

Faculty Scholarship

We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call practically normative assessments. We distinguish this practical normativity from the rationally or universally normative assessment that might be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be …

Norms Of Public Argumentation And The Ideals Of Correctness And Participation, Frank Zenker, Jan Albert Van Laar, Bianca Cepollaro, Anca Gâță, Martin Hinton, Colin Guthrie King, Brian N. Larson, Marcin Lewinski, Christoph Lumer, Steve Oswald, Maciej Pichlak, Blake D. Scott, Mariusz Urbanski, Jean H.M. Wagemans

Faculty Scholarship

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. …

Centering Students’ Rhetorical Knowledge: The Community Of Inquiry As Formative Assessment, Brian N. Larson

Faculty Scholarship

This essay describes an approach to peer review and classroom workshopping intended to develop a community of inquiry in the first-year law school classroom, center students’ own rhetorical knowledge, and establish the authority of students—especially minoritized students—as rhetorical agents. The technique described in this essay works from the presumption that each student who comes to law school comes with rich rhetorical experience. In other words, they have extensive experience constructing discourse suited to certain audiences and certain contexts. They use a variety of tools to construct such discourse, including linguistic registers (or styles) and rhetorical genres (such as the academic …

A Prophylactic Approach To Compact Constitutionality, Katherine Mims Crocker

Faculty Scholarship

From COVID-19 to climate change, immigration to health insurance, firearms control to electoral reform: state politicians have sought to address all these hot-button issues by joining forces with other states. The U.S. Constitution, however, forbids states to “enter into any Agreement or Compact” with each other “without the Consent of Congress,” a requirement that proponents of much interstate action, especially around controversial topics, would hope to circumvent.

The Supreme Court lets them do just that. By interpreting “any Agreement or Compact” so narrowly that it is difficult to see what besides otherwise unlawful coordination qualifies, the Court has essentially read …

Acceptance Governance, Jeremy Bendik-Keymer

Faculty Scholarship

There is a form of power whereby the moral relationship governs those who are part of, or affected by, the relationship. Called “acceptance governance,” it develops “power-with" in a decolonial manner, reframing agency as guided by accountability. Power-with leads to minimal moral relations between worlds out of which processes of acceptance build justice and right relations from the bottom up. There are two senses of acceptance, however, the second being accepting the conditions of acceptance. Power-with then becomes grounded in “power from,” a new form of power uncommon in the literature. In addition to cohering with a number of indigenous …

Facilitators And Barriers To Reunification Among Housing Unstable Families, Robert L. Fischer, David Crampton

Faculty Scholarship

Housing unstable families with child welfare system involvement face multiple challenges to successfully reunifying with their families. This explanatory qualitative study followed up on findings from a county-sponsored Pay for Success (PFS) RCT. The study focused on understanding the facilitators and barriers to reunification, bringing together the perspectives of a random sample of 16 housing-unstable caregivers whose children were in foster care, their PFS program workers, and their child welfare caseworkers. We conducted in-depth, in-person interviews with 52 participants. Major facilitators of reunification included strong client motivation, PFS program workers empowering and advocating for clients, the program's ability to meet …

Digital Twins And Cultural Heritage Preservation: A Case Study Of Best Practices And Reproducibility In Chiesa Dei Ss Apostoli E Biagio, James Hutson, Joe Weber, Angela Russo

Faculty Scholarship

The use of digital twin technologies to preserve cultural heritage has become increasingly common over the past two decades. Evolving from the use of virtual environments (VE) and digital reconstructions that required multiple phases of workflow and multiple software applications and various hardware to output a useable experience to the immediacy of 3D artificial intelligence (AI) generative content and the latest generation of photogrammetric scanning, non-specialists are now able to more easily create digital twins. At the same time, the destruction of cultural heritage has accelerated due to geopolitical instability, seen in examples such as the invasion of Ukraine by …

The Liability Trap: Why The Alec Anti-Esg Bills Create A Legal Quagmire For Fiduciaries Connected With Public Pensions, David J. Berger, David H. Webber, Beth M. Young

Faculty Scholarship

Two proposed bills barring public pensions from considering environmental, social, and governance investment criteria create massive legal risk for any pension fiduciary or service provider. The American Legislative Exchange Council “boycott bill” and the “fiduciary duty” bill, if adopted, would impose irreconcilable legal requirements on such fiduciaries, and subject them to compliance with arbitrary and unworkable legal demands.

The main legal problems the bills create fall into four categories:

(1) the unworkable distinction between “pecuniary” and “non-pecuniary,” a distinction so blurry that the bills are self-contradictory, as we demonstrate;

(2) the clash between the bills’ definition of materiality and that …

Small Molecule Inhibitors Of 15-Pgdh Exploit A Physiologic Induced-Fit Closing System, Wei Huang, Hongyun Li, Janna G. Kiselar, Stephen P. Fink, Sagar Regmi, Alexander Day, Yiyuan Yuan, Mark R. Chance, Sanford D. Markowitz, Derek J. Taylor

Faculty Scholarship

15-prostaglandin dehydrogenase (15-PGDH) is a negative regulator of tissue stem cells that acts via enzymatic activity of oxidizing and degrading PGE2, and related eicosanoids, that support stem cells during tissue repair. Indeed, inhibiting 15-PGDH markedly accelerates tissue repair in multiple organs. Here we have used cryo-electron microscopy to solve the solution structure of native 15-PGDH and of 15-PGDH individually complexed with two distinct chemical inhibitors. These structures identify key 15-PGDH residues that mediate binding to both classes of inhibitors. Moreover, we identify a dynamic 15-PGDH lid domain that closes around the inhibitors, and that is likely fundamental to the physiologic …

Museums And The Metaverse: Emerging Technologies To Promote Inclusivity And Engagement, James Hutson, Piper Hutson

Faculty Scholarship

Over the past two decades, museums have increasingly sought to build connections with the community and increase inclusivity of visitors. At the same time, emerging technologies, such as extended reality (XR) and virtual museums (VM) are increasingly adopted to engage with different generational expectations but also for the purposes of supporting inclusivity and neurodiverse populations. First such technologies were adopted to augment exhibitions in the physical museum space for edutainment. Since then, XR has expanded from room-size environments (CAVEs) and augmented exhibitions to the creation of entire virtual museums, such as The Museum of Pure Form and The Virtual Museum …

Architecting The Metaverse: Blockchain And The Financial And Legal Regulatory Challenges Of Virtual Real Estate, James Hutson, Guarango Banerjee, Naresh Kshetri, Kurt Odenwald, Jeremiah Ratican

Faculty Scholarship

There has been disagreement over the value of purchasing space in the metaverse, but many businesses including Nike, The Wendy’s Company, and McDonald’s have jumped in headfirst. While the metaverse land rush has been called an “illusion” given underdeveloped infrastructure, including inadequate software and servers, and the potential opportunities for economic and legal abuse, the “real estate of the future” shows no signs of slowing. While the current virtual space of the metaverse is worth $6.30 billion, that is expected to grow to $84.09 billion by the end of 2028. But the long-term legal and regulatory considerations of capitalizing on …

Working With (Not Against) The Technology: Gpt3 And Artificial Intelligence (Ai) In College Composition, James Hutson, Daniel Plate

Faculty Scholarship

The use of artificial intelligence (AI) for improvement of writing is commonplace with word-processing software and cloudbased writing assistants such as Grammarly and Microsoft Word. However, more and more options are cropping up that move beyond assistance with grammar, spelling, and punctuation to complete essay generation. The free availability of AI essay generators has led to lamenting the coming death of college writing. But AI has been used in the previously noted examples for decades without such a reaction. In fact, the idea that the use of essay generating software is synonymous with academic dishonesty is as passé as worries …

Deferring Intellectual Property Rights In Pandemic Times, Peter K. Yu

Faculty Scholarship

This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than 30 provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and weaknesses. The Article then identifies the challenges surrounding the negotiation and implementation of the proposed waiver. It shows why these two sets of challenges were neither separate nor sequential, but deeply entangled at the time of the international negotiations.

To respond to these challenges and the negotiation …

The Disembodied First Amendment, Nathan Cortez, William M. Sage

Faculty Scholarship

First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …

Establishing A Conditional Driver Permit In Texas, Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares

Faculty Scholarship

The article presents supporting data to expand access to state-issued driver permits for Texans who cannot provide the required documents to obtain a driver’s license. Part I examines the unlicensed and uninsured population in Texas that these efforts attempt to address. Part II discusses state jurisdiction to issue driver licenses and permits. It discusses existing Texas statutes that authorize the issuance of driver’s licenses and permits. The section also offers examples of other state statutes that have expanded their right to regulate driving privileges beyond Real ID Act requirements. Part III presents a partial economic analysis illustrating potential economic benefits …

Originalism: Erasing Women From The Body Politic, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.

Gamesmanship In Modern Discovery Tech, Neel Guha, Peter Henderson, Diego A. Zambrano

Faculty Scholarship

This chapter explores the potential for gamesmanship in technology-assisted discovery. Attorneys have long embraced gamesmanship strategies in analog discovery, producing reams of irrelevant documents, delaying depositions, or interpreting requests in a hyper-technical manner. The new question, however, is whether machine learning technologies can transform gaming strategies. By now it is well known that technologies have reinvented the practice of civil litigation and, specifically, the extensive search for relevant documents in complex cases. Many sophisticated litigants use machine learning algorithms – under the umbrella of “Technology Assisted Review” (TAR) – to simplify the identification and production of relevant documents in discovery. …

Major Questions And An Emergency Question Doctrine: The Biden Student Debt Case Study Of Pretextual Abuse Of Emergency Powers, Jed Handelsman Shugerman

Faculty Scholarship

The major question doctrine tries to address one problem, the Imperial Executive, by escalating another, the Imperial Judiciary. This article proposes a solution, with the Biden Student Debt Waiver as a case study: An “emergency question” doctrine.

This emergency questions doctrine would apply when the executive relies on a statutory emergency clause or invokes an emergency in its application of a statutory provision. As a matter of statutory interpretation, the emergency question doctrine would follow the two most important steps of the major question approach: 1) relying on purpose and context to clarify and limit the scope of open-ended emergency …

Justices Citing Justices, Jay D. Wexler

Faculty Scholarship

Scholars have long paid attention to how often and for what reasons Supreme Court justices cite law review articles and academic books in their opinions. More recently, a new area of scholarship has begun to look at how Justices create their own lines of “personal precedent” through not only their prior opinions but also their academic writings. At the intersection of these two areas of inquiry lies questions of how often and for what reasons Supreme Court justices cite the journal articles and books of the various justices sitting on the Court, including their own. With the exception of one …

Bacteriuria In Older Adults Triggers Confusion In Healthcare Providers: A Mindful Pause To Treat The Worry, Robin L.P. Jump

Faculty Scholarship

The evidence base for refraining from screening for or treating asymptomatic bacteriuria (ASB) in older adults is strong, but both practices remain prevalent. Clinical confusion over how to respond to a change from baseline, when to order a urinalysis and urine culture, and what to do with a positive urine culture fuels unnecessary antibiotic use for ASB. If the provider can take a mindful pause to apply evidenced-based assessment tools, the resulting increased clarity in how to manage the situation can reduce overtreatment of ASB.

Sickle Red Blood Cell-Derived Extracellular Vesicles Activate Endothelial Cells And Enhance Sickle Red Cell Adhesion Mediated By Von Willebrand Factor, Ran An, Yuncheng Man, Kevin Cheng, Tianyi Zhang, Fang Wang, Erdem Kucukal, William J. Wulftange, Utku Goreke, Allison Bode, Lalitha V. Nayak, Jane A. Little, Umut A. Gurkan

Faculty Scholarship

Endothelial activation and sickle red blood cell (RBC) adhesion are central to the pathogenesis of sickle cell disease (SCD). Quantitatively, RBC-derived extracellular vesicles (REVs) are more abundant from SS RBCs compared with healthy RBCs (AA RBCs). Sickle RBC-derived REVs (SS REVs) are known to promote endothelial cell (EC) activation through cell signalling and transcriptional regulation at longer terms. However, the SS REV-mediated short-term non-transcriptional response of EC is unclear. Here, we examined the impact of SS REVs on acute microvascular EC activation and RBC adhesion at 2 h. Compared with AA REVs, SS REVs promoted human pulmonary microvascular ECs (HPMEC) …

Why The Actual Malice Test Should Be Eliminated, John M. Kang

Faculty Scholarship

Under traditional common law, a plaintiff could recover damages for libel if she could prove that the defendant had published a factual statement about the plaintiff that tended to injure the plaintiff’s reputation. The plaintiff, at most, was required to show negligence to recover damages for libel. While the amount of money that any given plaintiff could recover in damages was uncertain, one thing was clear: the First Amendment would not protect libel. In 1964, in New York Times Co. v. Sullivan, the Supreme Court radically upended this received view of libel as unprotected speech. According to Sullivan, …

A Lack Of Uniformity, Compounded, In Immigration Law, Jill E. Family

Faculty Scholarship

No abstract provided.