Digital Commons Network^™

Enhancing History Education With Google Notebooklm: Case Study Of Mary Easton Sibley’S Diary For Multimedia Content And Podcast Creation, Paul Huffman, James Hutson

Faculty Scholarship

This article explores new features of Google’s NotebookLM, an AI-powered tool designed for advanced document analysis and educational content generation. Tested on the 92-page transcribed diary of Mary Easton Sibley, the founder of Lindenwood University, NotebookLM effectively generated FAQs, a study guide, a table of contents, a briefing document, and an audio overview in podcast format. By transforming static historical documents into dynamic learning materials, the document-based AI model provides a user-friendly interface for educators and students, especially those without experience in audio editing or podcasting. While successful in creating study guides and audio formats, the tool faced challenges in …

Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose

Faculty Scholarship

This Article considers three related questions. First, is a person “seized” under the Fourth Amendment when law enforcement restricts a person’s movements in their home and limits their ability to leave or go about their business? Second, does the answer to this seizure inquiry turn on the person’s citizenship status? And third, how do lawyers ensure that courts discard bad law? This last question is not a qualitative assessment— with good and bad law being tied to one’s legal ideology. Rather, certain legal holdings, dating back over half a century, have been whittled away if not entirely eroded. When this …

The Influence Of The Race Of Defendant And The Race Of Victim On Capital Charging And Sentencing In California, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence

Faculty Scholarship

The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and …

Going "Beyond" Mere Transformation: Warhol And Reconciliation Of The Derivative Work Right And Fair Use, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision — one that had been dormant in the lower court fair use jurisprudence — about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair …

The Surprising Survival – So Far – Of The Corporate Contribution Ban, Richard Briffault

Faculty Scholarship

In Citizens United v. Federal Election Commission, the Supreme Court invalidated the longstanding ban on the expenditure of corporate funds in federal election campaigns. In so doing, the Court dismissed outright an argument that had long been the foundation for the restriction of corporate money in election campaigns — that, due to the “substantial aggregations of wealth amassed by the special advantages which go with the corporate form[,]” corporate money poses a distinct threat to the integrity of democracy. Instead, viewing corporations as essentially “associations of citizens,” Citizens United determined that “the First Amendment does not permit Congress to …

Developing Empathetic Ai: Exploring The Potential Of Artificial Intelligence To Understand And Simulate Family Dynamics And Cultural Identity, Emily Barnes, James Hutson

Faculty Scholarship

The rapid advancement of Artificial Intelligence (AI) has significantly impacted various domains. Yet, the exploration of AI's potential to develop a deep understanding of family culture and identity remains underexplored. This study introduces the concept of "a love of grandma and apple pie" to symbolize the potential of various AI to internalize and appreciate familial relationships, cultural traditions, and personal identity. The proposed study would investigate how an advanced deep learning model, trained on diverse unstructured datasets—including multimedia data from 100 families-could learn and reflect human-like emotions, values, and cultural understanding. Utilizing Convolutional Neural Networks (CNNs) for visual data processing …

Inmate Assistance Programs, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This paper analyzes the deterrence implications of different inmate assistance programs (IAPs), carefully distinguishing between deterrence of first offenses and recidivism. All IAPs considered in our model reduce recidivism, and we identify IAPs that also reduce the first offense rate. However, IAPs which increase work opportunities, improve the reintegration of exiting inmates, and moderate individual’s self-control issues may lower the deterrence of first offenses, if this possibility is not adequately anticipated when designing these IAPs.

From The Bench, Pierre Leval, M. Margaret Mckeown, Jane C. Ginsburg

Faculty Scholarship

Lightly edited transcript of panel comments at the 2023 Symposium, “Rearrange, Transform, or Adapt: The Derivative Works Right After Andy Warhol Foundation v. Goldsmith.”

Perpetuating Inequality: What Salary History Bans Reveal About Wages, James Bessen, Chen Meng, Erich Denk

Faculty Scholarship

Pay gaps for women and minorities have persisted after accounting for observable differences. Why? If employers can access applicants’ salary histories while bargaining over wages, they can take advantage of past inequities, perpetuating inequality. Recently, a dozen US states have banned employer access to salary histories. We analyze the effects of these salary history bans (SHBs) on employer wage posting and pay in a difference-in-differences design. Following SHBs, employers posted wages more often and increased pay for job changers, particularly for women (6.4%) and non-whites (7.7%). Bargaining behavior appears to account for much of the persistence of residual wage gaps.

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

Constructing A Liberal/Progressive “Constitution In Exile”: An Appreciation Of Jack Balkin’S Memory And Authority, James E. Fleming

Faculty Scholarship

Balkin’s book makes clear why many liberal/progressive criticisms of conservative originalists—that they get the history wrong or cherry-pick it, that they only selectively insist upon originalism and otherwise ignore it, and the like—deliver at best glancing blows (as far as the conservative originalists are concerned). For one thing, he shows that the construction of memory entails the construction of forgetting (or erasure),7 which is essential to originalist projects that whitewash our historical injustices and repudiate the progressive aspirations embodied in our history. Hence, when conservative originalists erase unjust aspects of our history, and liberals and progressives criticize them for not …

Mhongoose: A Meerkat Nearby Galaxy H I Survey, Stacy S. Mcgaugh

Faculty Scholarship

The MHONGOOSE (MeerKAT H i Observations of Nearby Galactic Objects: Observing Southern Emitters) survey maps the distribution and kinematics of the neutral atomic hydrogen (H i) gas in and around 30 nearby star-forming spiral and dwarf galaxies to extremely low H i column densities. The H i column density sensitivity (3σ over 16 km s−1) ranges from ∼5 × 1017 cm−2 at 9000 resolution to ∼4 × 1019 cm−2 at the highest resolution of 700. The H i mass sensitivity (3σ over 50 km s−1) is ∼5.5×105 M at a distance of 10 Mpc (the median distance of the sample …

3d Mr Fingerprinting For Dynamic Contrast-Enhanced Imaging Of Whole Mouse Brain, Yuran Zhu, Yuning Gu, Walter Zhao, Jiahao Lu, Junqing Zhu, Christina J. Macaskill, Andrew Dupuis, Mark A. Griswold, Dan Ma, Chris A. Flask, Xin Yu

Faculty Scholarship

Purpose: Quantitative MRI enables direct quantification of contrast agent concentrations in contrast-enhanced scans. However, the lengthy scan times required by conventional methods are inadequate for tracking contrast agent transport dynamically in mouse brain. We developed a 3D MR fingerprinting (MRF) method for simultaneous T1 and T2 mapping across the whole mouse brain with 4.3-min temporal resolution. Method: We designed a 3D MRF sequence with variable acquisition segment lengths and magnetization preparations on a 9.4T preclinical MRI scanner. Model-based reconstruction approaches were employed to improve the accuracy and speed of MRF acquisition. The method's accuracy for T1 and T2 measurements was …

Development Of A Selective Novel Fluorescent Substrate For Sodium-Dependent Transporters, Richard S. Agnes, Raymond F. Muzic Jr.

Faculty Scholarship

Aim: To synthesize, characterize, and validate 6FGA, a fluorescent glucose modified with a Cyanine5.5 at carbon-6 position, for probing the function of sodium-dependent glucose transporters, SGLT1 and SGLT2. Main methods: The synthesis of fluorescent glucose analogue was achieved through “click chemistry” of Cyanine5.5-alkyne and 6-azido-6-deoxy-D-glucose. Cell system studies were conducted to characterize the in vivo transport properties. Key findings: Optical analyses revealed that 6FGA displayed similar spectral profiles to Cyanine5.5 in DMSO, allowing for concentration determination, thus supporting its utility in quantitative kinetic studies within biological assays. Uptake studies in cell system SGLT models, LLC-PK1 and HEK293 cells, exhibited concentration …

Scheduling Meetings: Are The Odds In Your Favor?, Harsh Mathur

Faculty Scholarship

Abstract: Polling all the participants to find a time when everyone is available is the ubiquitous method of scheduling meetings nowadays. We examine the probability of a poll with m participants and ℓ possible meeting times succeeding, where each participant rejects r of the ℓ options. For large ℓ and fixed r/ℓ, we can carry out a saddle-point expansion and obtain analytical results for the probability of success. Despite the thermodynamic limit of large ℓ, the ‘microcanonical’ version of the problem where each participant rejects exactly r possible meeting times, and the ‘canonical’ version where each participant has a probability …

The Complexity Of American Federalism, Christian G. Fritz

Faculty Scholarship

For the Balkinization Symposium on Alison L. LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale University Press, 2024).

Alison LaCroix’s insightful new book, The Interbellum Constitution, builds on an often-overlooked fact: that Americans living before the Civil War did not know they were part of an “antebellum” period. That oversight has contributed to a conventional narrative of constitutional history and doctrine during the first half of the nineteenth-century that tends to read that history and doctrine backwards through the lens of a war that contemporaries did not know would define them. From this …

The Incoherence Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

What is the purpose of evidence law? The answer might seem intuitive. Evidence law exists, of course, to foster verdict accuracy, legitimacy, and efficiency. But these kindred aims often come into conflict. Policy tradeoffs are inescapable in evidence law, meaning that an evidentiary regime must clarify how its normative objectives cohere. Do accuracy, legitimacy, and efficiency work together on equal footing, such that the goal of a code is to maximize each objective to the extent possible? Or does one of evidence law’s aims take precedence over the rest? And if one goal takes priority, what is the role of …

Why Mlp Legal Care Should Be Financed As Health Care, William M. Sage, Keegan D. Warren

Faculty Scholarship

Medical-legal partnership (MLP) integrates the unique expertise of lawyers into collaborative clinical environments. MLP teams meet the needs of individual patients while also detecting structural problems at the root of health inequities and advancing solutions at the institutional, community, and system levels. Yet MLPs today operate in limited settings and survive on scant budgets. Expanding their impact requires secure funding. Financing MLPs as health care can do the following: (1) help address inequity at the point of care; (2) enable expert diagnosis and treatment of nonmedical drivers of health; (3) enhance team-based practice in health care organizations; (4) offer another …

Even Laypeople Use Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Whereas principles of communicative efficiency and legal doctrine dictate that laws be comprehensible to the common world, empirical evidence suggests legal documents are largely incomprehensible to lawyers and laypeople alike. Here, a corpus analysis (n=59 million words) first replicated and extended prior work revealing laws to contain strikingly higher rates of complex syntactic structures relative to six baseline genres of English.

Next, two pre-registered text generation experiments (n=286) tested two leading hypotheses regarding how these complex structures enter into legal documents in the first place. In line with the magic spell hypothesis, we found people tasked with writing official laws …

Giant Asset Managers, The Big Three, And Index Investing, Dorothy S. Lund, Adriana Z. Robertson

Faculty Scholarship

A robust literature describes the incentives and stewardship practices of the “Big Three” asset managers (BlackRock, Vanguard, and State Street Global Advisors), often referring to these asset managers as “passive.” This is so common that the “Big Three,” “index fund,” and “passive manager” are used almost interchangeably by both academics and practitioners. This shorthand emerged in the foundational scholarship in this area, and while it may remain useful in certain contexts, its casual use obscures important features of the market and contributes to misperceptions. In this chapter, we demonstrate that it is a mistake to equate passive investing with index …

Questionable Arbitrator Habits, Robert H. Smit

Faculty Scholarship

International arbitrators do some things in conducting arbitrations, that tend to go without saying, but that I struggle to accept without question. I speak not of major procedural missteps that run afoul of principles of due process or of procedural “best practices” codified in soft law instruments like the IBA Rules on the Taking of Evidence. Rather, I speak of some of the smaller, uncodified procedural behaviors — procedural habits, I call them — that international arbitrators adopt within the confines, and between the interstices, of those codified due process and soft law “best practice” parameters. I speak of widely …

Labour And Democracy, Kate Andrias

Faculty Scholarship

Democracy has always been a central project of labour law, but it is all the more important today, with authoritarianism on the rise and democracy under threat across the globe. This chapter examines the relationship between labour law and democracy. It explores the central tension between democracy and labour under capitalism; traces how ideas and arguments about workplace democracy have evolved over time; and explores the relationship between workplace democracy and political democracy, including how and when unions serve as a bulwark against authoritarianism. Ultimately, it argues that a critical task for labour law scholarship is to rethink the body …

Using Latent Variables To Improve The Management Of Depression Among Hemodialysis Patients, Douglas D. Gunzler, Martha Sajatovic, Ashwini R. Sehgal

Faculty Scholarship

Background: Screening for depression can be challenging among hemodialysis patients due to the overlap of depressive symptoms with dialysis or kidney disease related symptoms. The aim of this study was to understand these overlapping symptoms and develop a depression screening tool for better clinical assessment of depressive symptoms in dialysis patients. Methods: We surveyed 1,085 dialysis patients between March 1, 2018 and February 28, 2023 at 15 dialysis facilities in Northeast Ohio with the 9-item patient health questionnaire (PHQ-9) and kidney disease quality of life (KDQOL) instrument. To evaluate overlap across questionnaire items, we used structural equation modeling (SEM). We …

Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson

Faculty Scholarship

Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …

Cross-Correlation Increases Sampling In Diffusion-Based Super-Resolution Optical Fluctuation Imaging, Jeanpun Antarasen, Benjamin Wellnitz, Stephanie N. Kramer, Surajit Chatterjee, Lydia Kisley

Faculty Scholarship

Correlation signal processing of optical three-dimensional (x, y, t) data can produce super-resolution images. The second-order cross-correlation function XC2 has been documented to produce super-resolution imaging with static and blinking emitters but not for diffusing emitters. Here, we both analytically and numerically demonstrate cross-correlation analysis for diffusing particles. We then expand our fluorescence correlation spectroscopy super-resolution optical fluctuation imaging (fcsSOFI) analysis to use cross-correlation as a postprocessing computational technique to extract both dynamic and structural information on particle diffusion in nanoscale structures simultaneously. Cross-correlation maintains the same super-resolution as auto-correlation while also increasing the sampling rates to reduce aliasing for …

Alpha Angle And Anterior Femoral Neck Offset Identify Different Cohorts Of Cam Morphology: An Osteologic Study, Grigory A. Manyak

Faculty Scholarship

Purpose: To explore differences in cam morphology defined by alpha angle (AA) and anterior femoral neck offset (AFNO) in the context of other anthropometric parameters in an osteologic collection to further elucidate whether each measurement tool is identifying the same underlying pathology. Methods: Anthropometric measurements of 992 cadaveric hips from the Hamann-Todd Osteological Collection were analyzed. Femurs with cam morphology were identified by AA >55° or AFNO <7 mm. Anthropometric parameters stratified by cam morphology were assessed with Wilcoxon rank-sum and Pearson χ2 tests. Multivariate logistic regressions were performed on significant variables in univariate analysis to examine the predictive ability of anthropometric variables to cam morphology. Results: Cam morphology was identified in 242 hips via AA, 344 hips via AFNO, and 123 hips via both measures. Multivariate logarithmic regression analysis demonstrated that sex negatively predicted AA (females with less pathology, β = –0.14, P = .04), race negatively predicted AA (Blacks with less pathology, β = –0.21, P < .01), and proximal femoral osteoarthritis was positively associated with AA (β = 0.16, P = .02), while none of these were associated with AFNO. On the other hand, right-side specimens were associated with AA (β = 0.15, P = .02) and AFNO (β = 0.25, P < .01), whereas the combined version was unassociated with both measures. Conclusions: In conclusion, cam morphology was identified in a modest percentage of osteologic specimens by both AA and AFNO in our study. Further, associations of multiple demographic, anthropometric, and anatomical parameters to AA and AFNO suggest they may identify different subsets of cam morphology. Clinical Relevance: Cam morphology identified by AA versus AFNO may represent 2 different pathologic entities. Future studies should assess differences between these measures in a clinical cohort and determine whether these 2 definitions of cam morphology identify different clinical populations.

The Utility Of Sentinel Lymph Node Biopsy In Elderly Patients With Melanoma, Carmen A. Jung, Kathleen M. Mulligan, Iris Sheng, John B. Ammori, Ankit Mangla, Richard S. Hoehn, Luke D. Rothermel

Faculty Scholarship

Background: Sentinel lymph node biopsy (SLNB) is performed less often for older patients with melanoma. We investigated the association of SLNB and melanoma-specific survival (MSS) in the elderly. Methods: We retrospectively reviewed the Surveillance, Epidemiology, and End Results (SEER: 2010–2019) for patients ≥ 70 years with cT2-4N0M0 melanoma. We used multivariable Cox proportional hazard models to evaluate the impact of SLNB performance and SLN status on MSS at increasing age cutoffs. In addition, we evaluated the association of different factors with SLNB performance using multivariable logistic regression. Results: We identified 11,548 patients. Sentinel lymph node biopsy occurred in 6754 (58.5%) …

Machine Learning Boiling Prediction: From Autonomous Vision Of Flow Visualization Data To Performance Parameter Theoretical Modeling, Cho Ning Huang, Issam Mudawar, Chirag R. Kharangate

Faculty Scholarship

Flow boiling is a highly efficient configuration for meeting the high heat dissipation demands of thermal management systems. However, the complex physics of two-phase flow has hindered its broader application, especially in terms of quantifying visual information. Recent advancements in machine learning vision tools have revolutionized the analysis of phase change phenomena by enabling the digitalization of physically meaningful features such as void fraction, vapor-liquid interfacial behaviors, and liquid-solid wall wetting front areas en masse. In this study, we systematically investigate two-phase models that compute void fractions, heat transfer coefficients, and critical heat flux using live bubble data streams under …

Single-Fly Genome Assemblies Fill Major Phylogenomic Gaps Across The Drosophilidae Tree Of Life, K. Nicole Crown, Sarah E. Diamond, Ryan A. Martin

Faculty Scholarship

AU Long-read: Pleaseconfirmthatallheadinglevelsarerepresentedcorrectly sequencing is driving rapid progress in genome assembly : across all major groups of life, including species of the family Drosophilidae, a longtime model system for genetics, genomics, and evolution. We previously developed a cost-effective hybrid Oxford Nanopore (ONT) long-read and Illumina short-read sequencing approach and used it to assemble 101 drosophilid genomes from laboratory cultures, greatly increasing the number of genome assemblies for this taxonomic group. The next major challenge is to address the laboratory culture bias in taxon sampling by sequencing genomes of species that cannot easily be reared in the lab. Here, we build …

Satellite Group Infall Into The Milky Way: Exploring The Crater-Leo Case With New Hst Proper Motions, Stacy S. Mcgaugh

Faculty Scholarship

Context. Within Λ cold dark matter (ΛCDM) simulations, Milky Way-like galaxies accrete some of their satellite galaxies in groups of 3–5 members rather than individually, and this has been suggested as a possible mechanism driving the formation of satellite planes. Objects accreted in groups are expected to share similar specific total energy and angular momentum, and to also have identical orbital planes and directions. Aims. Looking at observatio ns of Milky Way satellites, the dwarf galaxies Leo II, IV, V, and Crater II, and the star cluster Crater 1 were proposed to be a vestige of group infall. The suggested …