Digital Commons Network^™

Inflation, Market Failures, And Algorithms, Rory Van Loo

Faculty Scholarship

Inflation is a problem of tremendous scale. But the leading response to inflation-raising interest rates-also poses economic risks. Raising interest rates rapidly may increase unemployment and heighten the chance of recession. This Article argues that there is a better way to think about antiinflation policy. Rather than defaulting to interest rate hikes that harm markets, policymakers should prioritize laws that lower prices while improving markets. Most importantly, there is evidence that businesses have raised prices by colluding with one another, exploiting consumers' behavioral and informational limits, and lobbying for protectionist laws that block competition. Artificial intelligence pricing algorithms and dark …

Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe

Faculty Scholarship

McCleskey v. Kemp¹ operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.² By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.³ But what if McCleskey had been decided differently? Given that Washington v. Davis⁴ held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”⁵ could McCleskey have articulated an approach to equal protection doctrine …

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 …

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

Faculty Scholarship

This Essay examines the emergence and application of the “ultimate source” test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.

Estimating The Oblateness Of Dark Matter Halos Using Neutral Hydrogen Velocity Dispersion, Stacy S. Mcgaugh

Faculty Scholarship

We derive the oblateness parameter q of the dark matter halo of a sample of gas-rich, face-on disk galaxies. We have assumed that the halos are triaxial in shape but their axes in the disk plane (a and b) are equal, so that q = c/a measures the halo flattening. We have used the H i velocity dispersion, derived from the stacked H i emission lines and the disk surface density, determined from the H i flux distribution, to determine the disk potential and the halo shape at the R 25 and 1.5R 25 radii. We have applied our model …

Brief Of Amici Curiae Law Professors & Indian Law Experts In Support Of Petition For A Writ Of Certiorari, Smith V. United States, Barbara L. Creel, Marc-Tizoc Gonzaléz, Verónica C. Gonzales

Faculty Scholarship

The decision reached by the United States Court of Appeals for the Ninth Circuit, permitting the application of state criminal law to punish a tribal member whose alleged criminal conduct occurred on an Indian reservation and caused no harm to another person—solely based on the Assimilative Crimes Act (ACA), 18 U.S.C. § 13 is contrary to numerous treaties, acts of Congress, and foundational principles
/="/">of tribal sovereignty as construed and upheld by this Court’s federal Indian law jurisprudence. Allowing the Ninth Circuit decision to stand renders express
/="/">congressional authorizations and limitations on federal and state criminal jurisdiction over …

Poor Seizure Control Among Children Attending A Tertiary Hospital In South Western Uganda – A Retrospective Study, Martha Sajatovic

Faculty Scholarship

Background: Seizure control among children with epilepsy (CWE) receiving anti-seizure medications (ASMs) remains a challenge in low-resource settings. Uncontrolled seizures are significantly associated with increased morbidity and mortality among CWE. This negatively impacts their quality of life and increases stigma. Aim: This study determined seizure control status and described the factors associated among CWE receiving ASMs at Mbarara Regional Referral Hospital (MRRH). Methods: In a retrospective chart review study, socio-demographic and clinical data were obtained from 112 medical records. CWE receiving ASMs for at least six months and regularly attending the clinic were included in the study. Physical or telephone …

Effects Of Honey Locust Seed Pods On The Behavior And Nutrient Intake Of Zoo-Housed François Langurs And Prehensile-Tailed Porcupines, Noah T. Dunham, Kaylin S. Tennant, Patricia M. Dennis

Faculty Scholarship

Seed pods represent an under-utilized and valuable dietary resource for zoos because they encourage naturalistic extractive foraging behavior and because seeds pods, like leafy browses, are more fiber-rich than most dietary items typically offered in zoos. The primary goal of this study was to examine the effects of honey locust (Gleditsia triacanthos) seed pods on the behavior and macronutrient intake of zoo-housed François’ langurs (Trachypithecus francoisi; n = 3) and prehensile-tailed porcupines (Coendou prehensilis; n = 2) using a pre- versus postdiet implementation design. From December 2019 to April 2020, we recorded behavior using instantaneous interval sampling and daily macronutrient …

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 …

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 …

Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet

Faculty Scholarship

Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions.

In this Symposium Article, we question the use of distributed ledger technologies as a method of facilitating and verifying the transfer of physical assets. As our example of an existing transfer method, we use real property law, which is characterized by centuries-old common law rules regarding fractionalized …

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 …

Defeating De Facto Disenfranchisement Of Criminal Defendants, Neil Sobol

Faculty Scholarship

In a democracy, voting is not only an important civic duty but also a right that governments owe to their citizens. However, by operation of law, forty-eight states deny voting rights to individuals based on criminal convictions. Activists and scholars attack de jure disenfranchisement as an improper collateral consequence that disproportionately impacts people of color. Although recent years show substantial reforms to reenfranchise defendants, an estimated 5.17 million defendants remained ineligible to vote in 2020.

While efforts to address de jure disenfranchisement remain necessary, a problem that has received considerably less attention is the de facto disenfranchisement of criminal defendants …

The Indecisions Of 1789: Inconstant Originalism And Strategic Ambiguity, Jed Handelsman Shugerman

Faculty Scholarship

The unitary executive theory relies on the First Congress and an ostensible "Decision of 1789" as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business.

Seila Law's strict separation-of-powers argument depends on indefeasibility (i.e., Congress may not set limits or conditions on the president's power of civil removal). In fact, few members of the First Congress defended or even discussed indefeasibility. Only nine of fifty-four participating representatives explicitly endorsed the presidentialist …

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 …

The Self-Work Of Planetary Justice, Jeremy Bendik-Keymer

Faculty Scholarship

A necessary part of planetary justice is self-work, restoring or forming our being truthful, consistent, dependable, and accountable people. Planetary justice – so far typically associated with vast, geological scales of space and time – involves an intimate dimension, too. We can work on it wherever we are. Moreover, self-work and planetary justice intertwine historically and conceptually. The historical context for self-work involves the histories of violence that led to the breakthrough of the planetary as a category of thought about justice. Facing this, the essay notes areas for further reflection, study, and action.

Transferring Jerusalem To Moscow: Maksim Grek’S Letter And Its Afterlife, Justin Willson

Faculty Scholarship

Few debates in late seventeenth-century Muscovy were as heated as the controversy over the naming of the Resurrection “New Jerusalem” Monastery (1656). This essay draws attention to an overlooked sixteenth-century source, a letter by the Greek-born Slavic translator Maksim Grek (d. 1556), which played an important role in shaping the Church’s thinking. Maksim’s letter helps to explain why Jerusalem ideology took a very different path in Russia than it did in Western Europe, and why replications of the Holy Sepulcher are only very rarely encountered in Muscovy. Maksim’s letter introduces several themes which foreshadow the course of the later debate: …

Minimal Auxiliary Basis Set Approach For The Electronic Excitation Spectra Of Organic Molecules, Zehao Zhou, Shane M. Parker

Faculty Scholarship

We report a minimal auxiliary basis model for time-dependent density functional theory (TDDFT) with hybrid density functionals that can accurately reproduce excitation energies and absorption spectra from TDDFT while reducing cost by about \change{two} orders of magnitude. Our method, dubbed TDDFT-ris, employs the resolution-of-the-identity technique with just one $s$-type auxiliary basis function per atom for the linear response operator, where the Gaussian exponents are parametrized across the periodic table using %using tabulated atomic radii with a single global scaling factor. By tuning on a small test set, we determine a single functional-independent scale factor that balances errors in excitation energies …

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 …

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 …

A Proposed Meta-Reality Immersive Development Pipeline: Generative Ai Models And Extended Reality (Xr) Content For The Metaverse, Jay Ratican, James Hutson, Andrew Wright

Faculty Scholarship

The realization of an interoperable and scalable virtual platform, currently known as the “metaverse,” is inevitable, but many technological challenges need to be overcome first. With the metaverse still in a nascent phase, research currently indicates that building a new 3D social environment capable of interoperable avatars and digital transactions will represent most of the initial investment in time and capital. The return on investment, however, is worth the financial risk for firms like Meta, Google, and Apple. While the current virtual space of the metaverse is worth $6.30 billion, that is expected to grow to $84.09 billion by the …

Child Opportunity Index And Hospital Utilization In Children With Traumatic Brain Injury Admitted To The Picu, Monica M. Gray, Kurt C. Stange, Elaine A. Borawski, Steven L. Shein, Katherine N. Slain

Faculty Scholarship

IMPORTANCE: The need to understand how Community-based disparities impact morbidity and mortality in pediatric critical illness, such as traumatic brain injury. Test the hypothesis that ZIP code-based disparities in hospital utilization, including length of stay (LOS) and hospital costs, exist in a cohort of children with traumatic brain injury (TBI) admitted to a PICU using the Child Opportunity Index (COI). DESIGN: Multicenter retrospective cohort study. SETTING: Pediatric Health Information System (PHIS) database. PATIENTS: Children 0-18 years old admitted to a PHIS hospital with a diagnosis of TBI from January 2016 to December 2020 requiring PICU care. To identify the most …

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 …

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. …

Policing & The Problem Of Physical Restraint, Steven Arrigg Koh

Faculty Scholarship

The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …