Digital Commons Network^™

Toward A Taxonomy Of Freedom Of Movement Claims: Identifying Rights-Based Pathways For Today’S Refugees Beyond The 1951 Refugee Convention, Moria Paz

Faculty Scholarship

This Article discusses the current migratory crisis as one instance of a conceptual mismatch in human rights between formal law and the tools that courts and other quasi-judicial bodies actually utilize in adjudication. While the doctrine centers around individual right-holders, enforcement bodies provide a remedy only when there is a state duty-holder. Human rights scholarship regarding refugees focuses on the right to freedom of movement. However, this right frequently offers little benefit to these individuals adrift at sea or wandering in the desert.

An alternative framing might ultimately be more effective before human rights courts and other quasi-judicial bodies. This …

Hierarchies Of Discrimination In Baby Making? A Response To Professor Carroll, Radhika Rao

Faculty Scholarship

No abstract provided.

Access To Care And Outcomes With The Affordable Care Act For Persons With Criminal Legal Involvement: A Scoping Review, James René Jolin, Benjamin A. Barsky, Carrie G. Wade, Meredith B. Rosenthal

Faculty Scholarship

IMPORTANCE By expanding health insurance to millions of people in the US, the Patient Protection and Affordable Care Act (ACA) may have important health, economic, and social welfare implications for people with criminal legal involvement—a population with disproportionately high morbidity and mortality rates.

OBJECTIVE To scope the literature for studies assessing the association of any provision of the ACA with 5 types of outcomes, including insurance coverage rates, access to care, health outcomes, costs of care, and social welfare outcomes among people with criminal legal involvement.

EVIDENCE REVIEW The literature search included results from PubMed, CINAHL Complete, APA Psycinfo, Embase, …

Case Rounds Redefined: Multidisciplinary Perspectives In Reflective Practice, Nira Geevargis

Faculty Scholarship

This article describes the rounds process used in clinic and externship seminars and considers how adjustments to the structure can address different needs or goals. The authors draw on teaching methods found in similar professional education programs to identify options for faculty facilitating rounds. Ultimately, the authors use externship rounds to highlight lawyering skills, including developing curiosity, withholding judgment, and generating options. The authors posit that rounds facilitate deeper self-reflection and foster a sense of community by encouraging law students to work collaboratively to consider lessons learned in fieldwork. The rounds structure overview can be assigned to students before class …

Delegation Run Amok, George A. Bermann

Faculty Scholarship

The proper allocation of authority between courts and arbitral tribunals over the enforceability of agreements to arbitrate has long occupied a central place in United States arbitration law, domestic and international alike. From US Supreme Court case law over the years, there has emerged a reasonably well-understood distinction between those issues of enforceability that a court will address if asked by a party to do so and those that it will not. Fundamental to the Court’s jurisprudence is a recognition that some enforceability issues — “gateway issues” — so seriously implicate the consent of parties to arbitrate their disputes that …

“Legally Magic” Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Kate Weisburd, Roseanna Sommers

Faculty Scholarship

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do courts. …

Race And Regulatory Equity, Ming Hsu Chen

Faculty Scholarship

This article contemplates the proper role of regulatory agencies in implementing equity orders. More specifically, what is their role with regard to higher education admissions, in the post-SFFA v. Harvard landscape of racial equity?

Psychic Income & Democratized Investing, Abraham J.B. Cable

Faculty Scholarship

No abstract provided.

Empirically Assessing Medical Device Innovation, George Horvath

Faculty Scholarship

No abstract provided.

Mass Surveillance As Racialized Control, Prithika Balakrishnan

Faculty Scholarship

This Article examines how the expanded use of pretrial GPS surveillance is radically changing the presumption of innocence by implicating punitive measures absent constitutional protections and amplifying the racial disparities in our criminal justice system. Largely viewed as a substitution for physical detention and therefore a less onerous intrusion on a defendant’s liberty, pretrial GPS surveillance erodes fundamental liberties under the guise of criminal justice regulation. These highly racialized but invisible repercussions include harms to physical and psychological health, freedom of movement, privacy, and future economic self-determination. I argue that, in light of these substantial harms, courts must examine how …

Education Equity And Brown: Reform, Retrenchment, And Exclusionary School Discipline, Thalia Gonzalez, Will Martel

Faculty Scholarship

Public schools have served as sites of social, political, and legal contestation since their inception in the United States. And, while the pathways of racialized inequalities have arguably waxed and waned, threats of exclusion and segregation—constituted and governed by anti-Blackness—have cast a long shadow on the promise of educational equity. In response to the central provocation of the 2024 Georgetown Journal of Law & Modern Critical Race Perspectives symposium—revisiting Brown v. Board of Education and the struggle for racial equity in education—this Essay seeks to (re)connect the past and present. More directly, through the Critical Race Theory reform and retrenchment …

Dance Of The Biologics, Robin Feldman, Gideon Schor

Faculty Scholarship

From COVID-19 vaccines to cancer treatments, biologic medicines are gaining importance in the U.S. health care system. Their high price tags, however, make these medications difficult for many Americans to afford. The Biosimilars Act, enacted in 2010, aimed to reduce costs and increase access to biologic medications by encouraging follow-on competition. The legislative effort followed in the footsteps of its predecessor, the Hatch-Waxman Act of 1984.

Although the Hatch-Waxman system succeeded in creating a landscape of more affordable and widely used generic drugs, the Biosimilars Act has failed to live up to its promise. Biologic drugs in the United States …

Self-Calibrated Subspace Reconstruction For Multidimensional Mr Fingerprinting For Simultaneous Relaxation And Diffusion Quantification, Jessie E.P. Sun, Ken Sakaie, Mark A. Griswold

Faculty Scholarship

Purpose: To propose a new reconstruction method for multidimensional MR fingerprinting (mdMRF) to address shading artifacts caused by physiological motion-induced measurement errors without navigating or gating. Methods: The proposed method comprises two procedures: self-calibration and subspace reconstruction. The first procedure (self-calibration) applies temporally local matrix completion to reconstruct low-resolution images from a subset of under-sampled data extracted from the k-space center. The second procedure (subspace reconstruction) utilizes temporally global subspace reconstruction with pre-estimated temporal subspace from low-resolution images to reconstruct aliasing-free, high-resolution, and time-resolved images. After reconstruction, a customized outlier detection algorithm was employed to automatically detect and remove images …

Self-Management Intervention For Reducing Epilepsy Burden Among Adult Ugandans With Epilepsy (Smart-U): Randomised Clinical Trial Protocol, Jennifer B. Levin, Carolyn Still, Christopher J. Burant, Martha Sajatovic

Faculty Scholarship

Background:Epilepsy is a common chronic brain disorder globally affecting people of all ages, with the majority living in developing countries. The introduction of epilepsy self-management approaches to help people with epilepsy is urgently needed to influence epilepsy-related outcomes. This 2-site randomised controlled trial building on promising preliminary data is intended to explore this further. Methods: A total of 188 adult people with epilepsy (PWE) attending the neurology clinics at Mulago and Mbarara hospitals and consent to participate in the study will be recruited. They will be randomised into intervention versus enhanced treatment control (eTAU) study groups. The intervention group will …

Digital Inclusion For People With Autism Spectrum Disorders: Review Of The Current Legal Models And Doctrinal Concepts, James Hutson, Piper Hutson

Faculty Scholarship

Objective: Today, a significant part of professional tasks are performed in the digital environment, on digital platforms, in virtual and other meetings. This necessitates a critical reflection of traditional views on the problem of accessible environment and digital accessibility, taking into account the basic universal needs of persons with disabilities.

Methods: A gap between the traditional legal perspective on special working conditions for persons with disabilities and the urgent need of a digital workplace (digital environment) clearly shows lacunas in the understanding of accessibility, which are identified and explored with formal-legal and doctrinal methods. The multifaceted aspects of …

Naturally Bicarbonated Water Supplementation Does Not Improve Anaerobic Cycling Performance Or Blood Gas Parameters In Active Men And Women, Anthony M. Hagele, Johnathan L. Boring, Jessica M. Moon, Kyle L. Sunderland, Petey W. Mumford, Chad M. Kerksick

Faculty Scholarship

The completion of high-intensity exercise results in robust perturbations to physiologic homeostasis, challenging the body’s natural buffering systems to mitigate the accumulation of metabolic by-products. Supplementation with bicarbonate has previously been used to offset metabolic acidosis, leading to improvements in anaerobic exercise performance. Purpose: The purpose of this study was to investigate the presence of ergogenic properties in naturally occurring low-dose bicarbonated water and their effects on anaerobic cycling performance and blood gas kinetics in recreationally active men and women. Methods: Thirty-nine healthy, recreationally active men and women (28.1 ± 8.0 years, 169.8 ± 11.7 cm, 68.9 ± 10.8 kg, …

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue Authors, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Faculty Scholarship

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing United States legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Use Of Ai To Recreate And Repatriate Lost, Destroyed Or Stolen Paintings: The 1785 Parisian Salon Case Study, Charles E. O'Brien, James Hutson, Trent Olsen, Jay Ratican

Faculty Scholarship

This study investigates the efficacy of artificial intelligence (AI) in the field of artwork restoration, focusing on lost, stolen, or destroyed artworks. Employing a dual approach that combines traditional manual restoration techniques with advanced generative AI tools, the research centers on a case study of the 1785 Parisian Salon. It specifically examines the reconstitution of Antoine François Callet's painting, Achilles Dragging the Body of Hector, unveiled alongside Jacques-Louis David's Oath of the Horatii. The study utilizes Easy Diffusion and Stable Diffusion 2.1 technologies for inpainting and colorization processes. These AI tools are employed in concert with manual restoration practices to …

Social Costs Of Dobbs' Pro-Adoption Agenda, Malinda L. Seymore

Faculty Scholarship

Abortion opponents have long claimed that women denied access to abortion can simply give their children up for adoption. Justice Alito repeated this argument in Dobbs v. Jackson Women’s Health. Of course, this claim assumes away the burdens of the pregnancy itself, which can result in economic strife, domestic violence, health risks, and potentially death in childbirth. But even on its own terms, the argument that adoption is an adequate substitute for abortion access makes normative assumptions about adoption as a social good in and of itself, ignoring the social costs of adoption for birth parents and adoptees. Idealizing adoption …

Brief Of Amici Curiae Privacy And First Amendment Law Professors In Support Of Defendant-Appellant And Reversal, G. S. Hans, Hannah Bloch-Wehba, Danielle K. Citron, Julie E. Cohen, Mary Anne Franks, Woodrow Hartzog, Margot E. Kaminski, Gregory P. Magarian, Frank Pasquale, Neil Richards, Daniel J. Solove

Faculty Scholarship

STATEMENT OF INTEREST: Amici curiae are law professors and scholars of data privacy, constitutional law, and the First Amendment. Amici write to provide the court with scholarly expertise on the complexities of data privacy law and its intersection with the First Amendment. Amici have collectively written scores of academic articles and multiple books on data privacy, technology, the First Amendment, and constitutional challenges to state and federal privacy regulation.

Amici submit this brief pursuant to Fed. Rule App. P. 29(a) and do not repeat arguments made by the parties. No party’s counsel authored this brief, or any part of …

Competing For Talent: Large Firms And Startup Growth, James Bessen, Felix Poege, Ronja Röttger

Faculty Scholarship

This paper explores the impact of large firms’ hiring in local labor markets on the salaries offered by startups and on startup growth and performance. We analyze firm data matched to help-wanted ads and find strong evidence of “crowding out.” A standard deviation increase in the share of ads posted by large firms raises startup pay offers by 5-10% for critical managerial, STEM, and sales jobs, and it reduces expected startup growth by 36%. Crowding is diminished by employee mobility and by spillovers to startups in closely related businesses. It is increased by big firm markups, which may have a …

Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo

Faculty Scholarship

When can scientific findings from experimental psychology be confidently applied to legal issues? And when applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that implicit bias deeply affects legal proceedings and practices, and that training …

Team-Based Learning In The Internal Medicine Clerkship Didactics, Madeline Garb, Melissa Jenkins, Elaine Cruz

Faculty Scholarship

Background: Active-learning approaches, such as team-based learning, are infrequently used in internal medicine clerkship didactics even though there is increasing evidence to suggest medical students prefer it over traditional lecture-based learning. In this study, five team-based learning sessions were incorporated into three blocks of a 12-week internal medicine clerkship. Methods: The goal of this quasi-experimental study was to compare learner engagement, satisfaction and preference between team-based learning and lecture-based learning in the internal medicine clerkship didactics. Outcomes were compared using the Classroom Engagement Survey, a satisfaction questionnaire and the Team-Based Learning Student Assessment Instrument (TBL-SAI). Findings: There was a statistically …

Limitations And Possibilities Of Digital Restoration Techniques Using Generative Ai Tools: Reconstituting Antoine François Callet’S Achilles Dragging Hector’S Body Past The Walls Of Troy, Charles O'Brien, James Hutson, Trent Olsen, Jay Ratican

Faculty Scholarship

Digital restoration offers new avenues for conserving historical artworks, yet presents unique challenges. This research delves into the balance between traditional restoration methods and the use of generative artificial intelligence (AI) tools, using Antoine François Callet’s portrayal of Achilles Dragging Hector’s Body Past the Walls of Troy as a case study. The application of Easy Diffusion and Stable Diffusion 2.1 technologies provides insights into AI-driven restoration methods such as inpainting and colorization. Results indicate that while AI can streamline the restoration process, repeated inpainting can compromise the painting’s color quality and detailed features. Furthermore, the AI approach occasionally introduces unintended …

Individuality And The Collective In Ai Agents: Explorations Of Shared Consciousness And Digital Homunculi In The Metaverse For Cultural Heritage, James Hutson, Jay Ratican

Faculty Scholarship

The confluence of extended reality (XR) technologies, including augmented and virtual reality, with large language models (LLM) marks a significant advancement in the field of digital humanities, opening uncharted avenues for the representation of cultural heritage within the burgeoning metaverse. This paper undertakes an examination of the potentialities and intricacies of such a convergence, focusing particularly on the creation of digital homunculi or changelings. These virtual beings, remarkable for their sentience and individuality, are also part of a collective consciousness, a notion explored through a thematic comparison in science fiction with the Borg and the Changelings in the Star Trek …

Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth

Faculty Scholarship

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

The Effect Of A Mn(Iii)Tetrakis(4-Benzoic Acid)Porphyrin (Mntbap) Coating On He Chronic Recording Performance Of Planar Silicon Intracortical Microelectrode Arrays, George F. Hoeferlin, Lindsey N. Druschel, Olivia K. Krebs, Dhariyat M. Menendez, Jonathan L. Duncan, Jichu Zhang, Gaurav Mittal, Jeffrey R. Capadona

Faculty Scholarship

Intracortical microelectrode arrays (MEAs) are used to record neural activity. However, their implantation initiates a neuroinflammatory cascade, involving the accumulation of reactive oxygen species, leading to interface failure. Here, we coated commercially-available MEAs with Mn(III)tetrakis(4-benzoic acid)porphyrin (MnTBAP), to mitigate oxidative stress. First, we assessed the in vitro cytotoxicity of modified sample substrates. Then, we implanted 36 rats with uncoated, MnTBAP-coated (“Coated”), or (3-Aminopropyl)triethoxysilane (APTES)-coated devices – an intermediate step in the coating process. We assessed electrode performance during the acute (1–5 weeks), sub-chronic (6–11 weeks), and chronic (12–16 weeks) phases after implantation. Three subsets of animals were euthanized at different …