Digital Commons Network^™

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 …

Racial Differences In Time To Blood Pressure Control Of Aneurysmal Subarachnoid Hemorrhage Patients: A Single-Institution Study, Xiaofei Zhou, Adam Hwan Bates, Uma V. Mahajan, Ansh Desai, Jeffrey Butke, Yifei Duan, Christopher Burant, Kaylee Sarna, Martha Sajatovic, Dhimant Dani, S. Alan Hoffer

Faculty Scholarship

Background and purpose Aneurysmal subarachnoid hemorrhage occurs in approximately 30,000 patients annually in the United States. Uncontrolled blood pressure is a major risk factor for aneurysmal subarachnoid hemorrhage. Clinical guidelines recommend maintaining blood pressure control until definitive aneurysm securement occurs. It is unknown whether racial differences exist regarding blood pressure control and outcomes (HLOS, discharge disposition) in aneurysmal subarachnoid hemorrhage. Here, we aim to assess whether racial differences exist in 1) presentation, 2) clinical course, and 3) outcomes, including time to blood pressure stabilization, for aSAH patients at a large tertiary care medical center. Methods We conducted a retrospective review …

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. …

Selective Infrared Neural Inhibition Can Be Reproduced By Resistive Heating, Junqi Zhuo, Chloe E. Weidrick, Yehe Liu, Michael A. Moffitt, Hillel J. Chiel, Michael W. Jenkins

Faculty Scholarship

Objectives: Small-diameter afferent axons carry various sensory signals that are critical for vital physiological conditions but sometimes contribute to pathologies. Infrared (IR) neural inhibition (INI) can induce selective heat block of small-diameter axons, which holds potential for translational applications such as pain management. Previous research suggested that IR–heating-induced acceleration of voltage-gated potassium channel kinetics is the mechanism for INI. Therefore, we hypothesized that other heating methods, such as resistive heating (RH) in a cuff, could reproduce the selective inhibition observed in INI. Materials and Methods: We conducted ex vivo nerve-heating experiments on pleural-abdominal connective nerves of Aplysia californica using both …

Photophysical Characterization Of Isoguanine In A Prebiotic-Like Environment, Naishka E. Caldero-Rodríguez, Carlos E. Crespo-Hernández

Faculty Scholarship

It is intriguing how a mixture of organic molecules survived the prebiotic UV fluxes and evolved into the actual genetic building blocks. Scientists are trying to shed light on this issue by synthesizing nucleic acid monomers and their analogues under prebiotic Era-like conditions and by exploring their excited state dynamics. To further add to this important body of knowledge, this study discloses new insights into the photophysical properties of protonated isoguanine, an isomorph of guanine, using steady-state and femtosecond broadband transient absorption spectroscopies, and quantum mechanical calculations. Protonated isoguanine decays in ultrafast time scales following 292 nm excitation, consistently with …

Nussbaum’S Politics Of Wonder: How The Mind’S Original Joy Is Revolutionary, Jeremy D. Bendik-Keymer

Faculty Scholarship

Keymer explores how wonder is central to Martha C. Nussbaum’s normative project. Nussbaum’s work is opposed to the emotional and political conditions of ‘narcissism’ – the tendency to seek to control the wills of others in order to defend oneself against perceived vulnerabilities. Our capacity for wondering is important for growing beyond narcissism. Bendik-Keymer elaborates a politics of wonder that is consistent with understanding this idea. Taking issue with understandings of wonder viewing it as an emotion of surprise or delight, he develops an alternate tradition finding wonder in concert with the freedom of imagination found by degrees within much …

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.

Jd-Next: A Valid And Reliable Tool To Predict Diverse Students’ Success In Law School, Jessica Findley, Adriana Cimetta, Heidi Burross, Katherine Cheng, Matt Charles, Cayley Balser, Ran Li, Christopher Robertson

Faculty Scholarship

Admissions tests have increasingly come under attack by those seeking to broaden access and reduce disparities in higher education. Meanwhile, in other sectors there is a movement towards “work-sample” or “proximal” testing. Especially for underrepresented students, the goal is to measure not just the accumulated knowledge and skills that they would bring to a new academic program, but also their ability to grow and learn through the program. The JD-Next is a fully online, noncredit, 7- to 10-week course to train potential JD students in case reading and analysis skills, prior to their first year of law school. This study …

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, …

Black Lives Monitored, Chaz Arnett

Faculty Scholarship

The police killing of George Floyd added fuel to the simmering flames of racial injustice in America following a string of similarly violent executions during a global pandemic that disproportionately ravaged the health and economic security of Black families and communities. The confluence of these painful realities exposed deep vulnerabilities and renewed a reckoning with the long unfulfilled promise of racial equality, inspiring large-scale protests around the country and across the globe. As with prior movements for racial justice, from slavery abolition to the civil rights movement’s demand to end Jim Crow, protests have been met with extreme force, either …

Disenfranchisement, Voter Disqualifications, And Felony Convictions: Searching For State Law Uniformity, Christian A. Johnson

Faculty Scholarship

No abstract provided.

Square-Peg Frauds, Miriam Baer

Faculty Scholarship

No abstract provided.

Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison Freedman

Faculty Scholarship

ARRESTING ASSEMBLY: AN ARGUMENT AGAINST EXPANDING
CRIMINALLY PUNISHABLE PROTEST
ALLISON M. FREEDMAN

ABSTRACT

In recent years, public protests have shed light on societal inequities that had previously gone unheard. Yet instead of responding to protesters’ concerns, many state legislators are attempting to silence disenfranchised groups by introducing hundreds of “anti-protest” bills. This is a recent phenomenon and one that is accelerating—the largest wave of “anti-protest” bills was introduced on the heels of the most robust protest movement in recent history, Black Lives Matter during the summer of 2020.

Although it is clear that legislators are attempting to tamp down public …

Is Disclosure And Certification Of The Use Of Generative Ai Really Necessary?, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown

Faculty Scholarship

No abstract provided.

Common Good Gun Rights, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Brief Of Intellectual Property Law Professors And Scholars As Amici Curiae In Support Of The Respondents, Bernard Chao, Kevin Emerson Collins, Christopher A. Cotropia, Charles Duan, Oskar Liivak, Joseph Scott Miller, Arti K. Rai, Michael S. Sinha, S. Sean Tu, Liza Vertinsky

Faculty Scholarship

This amicus brief was written in support of Sanofi (generic pharmaceutical firm). The brief explains why patent claims cannot exceed the scope of what was disclosed in the patent specification. The brief argues that when a patentee invents narrowly, meaning they find and disclose only a limited set of solutions and where they cannot provide a generalizable principle that unites a broader set of solutions, then that inventor has not invented broadly. Accordingly, their claims should be limited to what was explicitly disclosed.

Inequitable Distribution Of Plastic Benefits And Burdens On Economies And Public Health, Rachel Karasik, Nancy Lauer, Anne-Elisabeth Baker, Niki E. Lisi, Jason A. Somarelli, William C. Eward, Kathinka Fürst, Meagan M. Dunphy-Daly

Faculty Scholarship

Plastic heterogeneously affects social systems – notably human health and local and global economies. Here we discuss illustrative examples of the benefits and burdens of each stage of the plastic lifecycle (e.g., macroplastic production, consumption, recycling). We find the benefits to communities and stakeholders are principally economic, whereas burdens fall largely on human health. Furthermore, the economic benefits of plastic are rarely applied to alleviate or mitigate the health burdens it creates, amplifying the disconnect between who benefits and who is burdened. In some instances, social enterprises in low-wealth areas collect and recycle waste, creating a market for upcycled goods. …

Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty

Faculty Scholarship

No abstract provided.

The Purloined Debtor: Edgar Allan Poe’S Bankruptcy In Law And Letters, Erin L. Sheley, Zvi Rosen

Faculty Scholarship

This Article represents the first interdisciplinary case study of Edgar Allan Poe’s bankruptcy as an inflection point in the legal and cultural history of debt. Although Poe hardly leaps to mind for portrayals of legal procedure, much of his oeuvre reveals a terror of legal process as an interstitial principle. The anxiety around identity in Poe’s work reveals an ongoing struggle between an individual subject and two opposing yet equally degenerate legal statuses: possession and indebtedness. This opposition renders a distinct form of legal process legible in these texts: the then emerging law of bankruptcy. Poe declared bankruptcy at a …

Square Peg Frauds, Miriam H. Baer

Faculty Scholarship

The square-peg fraud is a kind of case that until very recently enjoyed the widespread support of prosecutors, jurists, and the general public. Rather than punishing a scheme that rids a victim of her money or property, the square-peg prosecution has long focused on deprivations of intangible property. For years, enforcement actors have employed this concept to pursue innumerable varieties of corruption.

Nowhere has the square peg been more essential than in the government’s prosecution of higher education scandals. From the Varsity Blues parents who wrongfully secured elite college slots for their children, to the business school dean who shaped …

His Ship Has Sailed—Expelling Columbus From Cultural Heritage Law, Emily T. Behzadi

Faculty Scholarship

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “Pre-Columbian.” “Pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean islands. In fact, this definition is …

Visiting Judges, Pamela K. Bookman, Alyssa S. King

Faculty Scholarship

No abstract provided.

Civil Justice At The Crossroads: Should Courts Authorize Nonlawyers To Practice Law?, Bruce A. Green

Faculty Scholarship

No abstract provided.

Splitting The Baby, Irene M. Ten Cate

Faculty Scholarship

No abstract provided.

Federalism, The Law Of Nations, And The Excluded Middle, Ryan Williams

Faculty Scholarship

No abstract provided.

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Faculty Scholarship

This article explores the potential of technology to improve access to justice (A2J) in criminal courts, specifically for nonviolent misdemeanor cases. Despite a push for innovation in courts, criminal courts have been slow to embrace change and technological innovation due to factors like constitutional constraints and funding limitations. This article argues that criminal courts need "virtual windows" alongside traditional "brick and mortar doors" to enhance A2J. It proposes a problem-solving approach focusing on misdemeanor cases, a high-volume category where technology can have a significant impact. The paper highlights the importance of ensuring defendants make "knowing and intelligent" pleas despite the …

Original Public Meaning, Lawrence B. Solum

Faculty Scholarship

“Original public meaning” has become increasingly important in constitutional discourse. This Article investigates the nature of original public meaning in three steps. First, each word in the phrase “original public meaning” is explicated and clarified. The word “original” represents the idea that the meaning of the constitutional text is fixed at the time each provision is framed and ratified. The word “public” signifies that the relevant meaning is ordinary meaning, the understanding of the text conveyed to the public at the time each provision was framed and ratified. The word “meaning” refers to the set of ideas (concepts and propositions) …

Restating The Law In The Shadow Of Codes: The Ali In Its Formative Era, Deborah A. Demott

Faculty Scholarship

This chapter recounts the American Law Institute’s (ALI’s) history in its formative era (1923–1945), drawing from archival sources to deepen existing accounts of the ALI’s self-definition as an ongoing institution. The history is more complex than it appears in prior accounts because institutional necessities—including funding—as well as multiple contingencies shaped both the ALI and its work. Likewise, the ALI’s signal work in this period, the Restatement, departed in significant ways from its original plan. Generating the revenues requisite to its ongoing existence required that the ALI partner with commercial publishers and, at their urging, separately publish Annotations for each Restatement …

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil-military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may …