Digital Commons Network^™

Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee

Faculty Scholarship

While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …

Reshaping Intellectual Property Scholarship From Within, Peter K. Yu

Faculty Scholarship

Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.

This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …

How The European Union Should Respond To Trump's Tariffs, Ignacio García Bercero, Petros C. Mavroidis, André Sapir

Faculty Scholarship

President-elect Trump has threatened to increase United States tariffs to 60 percent on imports from China and 10 percent to 20 percent on imports from other trading partners, including the European Union. In doing so the US would be ignoring its World Trade Organisation commitments and would also rollback the substantial liberalisation that has taken place during the past 80 years, with a potentially major negative impact on the world economy.

In response to this threat, the EU should pursue a three-pronged strategy.

First, the EU should engage bilaterally with the US to seek to avoid the imposition of tariffs. …

Abortion Costs And The Language Of Torture, William J. Aceves

Faculty Scholarship

Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Org., several states imposed significant restrictions on abortion. Some of these states established medical exceptions that would allow a pregnant person to receive an abortion only if they face "a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced." This language highlights the extreme pain and suffering that pregnant people must experience to qualify for an abortion …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

The Intangible Divide: Why Do So Few Firms Invest In Innovation?, James Bessen, Xiupeng Wang

Faculty Scholarship

Investments in software, R&D, and advertising have grown rapidly, now approaching half of U.S. private nonresidential investment. Yet just a few hundred firms account for almost all this growth. Most firms, including many large ones, regularly invest little in capitalized software and R&D, and this "intangible divide" has surprisingly deepened as intangible prices have fallen relative to other assets. Using comprehensive US Census microdata, we document these patterns and explore a variety of factors associated with intangible investment. We find that firms invest significantly less in innovation-related intangibles when their rivals invest more. One firm's investment can obsolesce rivals' investments, …

Prostate-Specific Antigen Testing Patterns And Prostate Cancer Stage At Diagnosis In Older Ohio Cancer Patients, Sajan N. Patel, Long Vu, Holly E. Hartman, Weichuan Dong, Siran M. Koroukian, Johnie Rose

Faculty Scholarship

Background: Prostate cancer (PCa) screening recommendations do not support prostate-specific antigen (PSA) screening for older men. Such screening often occurs, however. It is, therefore, important to understand how frequently and among which subgroups screening occurs, and the extent of distant stage PCa diagnoses among screened older men. Methods: Using the 2014–2016 linked Ohio Cancer Incidence Surveillance System (OCISS) and Medicare administrative database, we identified men 68 and older diagnosed with PCa and categorized their PSA testing in the three years preceding diagnosis as screening or diagnostic. We conducted multivariable logistic regression analysis to identify correlates of screening PSA and to …

Satirical Deepfakes, Surreal Dreamscapes & Nostalgic Pixels: The Rapid Evolution And Cultural Commentary Of Ai-Aesthetics, Andrew Smith, James Hutson

Faculty Scholarship

The rapid evolution of visual aesthetics driven by AI, shared globally through the internet and social media, has dramatically accelerated what once took centuries to develop. This article explores the unique visual tropes emerging from AI-generated content, characterized by surreal, uncanny, and often unsettling imagery. Examples range from the Dor Brothers' stylized narrative videos to horrifying depictions of transformations, such as people morphing into motorcycles. The article contextualizes this aesthetic within historical developments in creative experimentation, drawing parallels with David Bowie's unconventional approach to sound creation in the 1970s. It also considers how AI-driven art, free from copyright constraints in …

Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen

Faculty Scholarship

Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …

The Hidden Monetary State, Gabriel Rauterberg, Joshua Younger

Faculty Scholarship

Money is a motley. While the state enjoys a monopoly on issuing new physical currency, a variety of instruments serve money-like roles in the financial system. The commercial banking system significantly augments the money supply through issuing deposits. Alongside it, a shadow banking system has also developed, offering a range of deposit substitutes.

This Article seeks to cast new light on the U.S. financial system by exploring how, over the course of the twentieth century, federal policymakers engaged in a series of distinct and largely uncoordinated monetary experiments. As we show through historical case studies, federal authorities designed, promoted, and …

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court's embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette 's celebrated language: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres

Faculty Scholarship

Thirty-five states have enacted critical race theory bans at the level of elementary and secondary public education, and seven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of antiracism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo to …

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …

School Nutrition Stakeholders Find Utility In Mealsim: An Agent-Based Model, Melissa Pflugh Prescott

Faculty Scholarship

Objective: To obtain feedback from school nutrition stakeholders on an agent-based model simulating school lunch to inform model refinement and future applications. Design: Qualitative study using online discussion groups. Setting: School nutrition professional stakeholders across the US. Participants: Twenty-eight school nutrition stakeholders. Phenomenon of Interest: Perceptions and applicability of MealSim for school nutrition stakeholders to help reduce food waste. Analysis: Deductive approach followed by inductive analysis of discussion group transcripts. Results: Stakeholders appreciated the customizability of the cafeteria characteristics and suggested adding additional characteristics to best represent the school meal system, such as factors relating to school staff supervision of …

Interview With David Webber: Reflections On The Past, Present, And Future Of Labor's Capital, Alvin Velazquez, David H. Webber

Faculty Scholarship

ALVIN VELAZQUEZ: Good afternoon! My name is Alvin Velazquez. I am an Associate General Counsel at the Service Employees International Union (SEIU), where for the last fifteen years I have given advice on bankruptcy, corporate law matters, and tech matters. I’m also an adjunct professor at Georgetown Law School where I have taught employment law and am teaching a seminar called Systemic Racism, Colonialism, and Bankrupt Governments.1 Before arriving at SEIU I worked as a litigation associate at several large law firms. I also admit, rather sheepishly, that I am one of the few graduates of Cornell in the labor …

Recent Findings On The Effectiveness Of Peer Support For Patients With Type 2 Diabetes, James J. Werner, Kelsey Ufholz, Prashant Yamajala

Faculty Scholarship

Purpose of Review: To review randomized controlled trials (RCTs) published from 2021–2023 that reported the effects of peer support interventions on outcomes in patients with type 2 diabetes (T2DM). Recent Findings: Literature searches yielded 137 articles and nine RCTs were ultimately reviewed. The reviewed trials involved in-person support groups, peer coach/mentor support, cultural peer support by community health workers, peer support during shared medical appointments (SMAs) including virtual reality-based SMAs, telehealth-facilitated programs, and telephone peer support. Most interventions combined two or more peer support strategies. Peer support was associated with significant decreases in HbA1c in 6 of the 9 reviewed …

Broad-Area-Search Of New Construction Using Time Series Analysis Of Landsat And Sentinel-2 Data, Xiaojing Tang, Madison G. Barrett, Kangjoon Cho, Kelsee H. Bratley, Katelyn Tarrio, Yingtong Zhang, Hanfeng Gu, Peter Rasmussen, Marc Bosch, Curtis E. Woodcock

Faculty Scholarship

New construction activities can alter surface albedo and structure, which then affect surface temperature and roughness, and hence have a significant impact on urban climate. Construction activity is also an important indicator of human development and movement and is of high interest to the intelligence community. A new approach for Broad-Area-Search of New Construction activities (BASC) by combining time series analysis and rule-based filters using Landsat data was developed and tested in five selected cities (Boston, Shanghai, Sa ̃o Paulo, Dubai, and Ho Chi Minh City). The algorithm transforms Landsat images into fractions of a set of four endmembers using …

The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran

Faculty Scholarship

In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …

Inmate Assistance Programs: Toward A Less Punitive And More Effective Criminal Justice System, Erkmen G. Aslim, Yijia Lu, Murat C. Mungan

Faculty Scholarship

High recidivism rates in the United States are a well-known and disturbing problem. In this article, we explain how this problem can be mitigated in a cost-effective manner through reforms that make greater use of humane methods that help inmates rather than using more punitive measures.

We focus on Inmate Assistance Programs (IAPs) adopted by many states. Some of these programs provide inmates with valuable skill sets to utilize upon their release while others are geared towards treating mental health and substance use disorder problems. IAPs are likely to reduce recidivism by lowering ex-convicts’ need to resort to crime for …

The Remedial Rationale After Sffa, Olatunde C.A. Johnson

Faculty Scholarship

After the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA) limiting the ability of higher education institutions to use race as a factor to advance diversity in the student body, at least one prominent commentator suggested that universities should now justify their affirmative action policies based not on diversity but on the need to remedy discrimination. Chief Justice John Roberts’s majority opinion deems diversity — the rationale established in Regents of the University of California v. Bakke and affirmed in Grutter v. Bollinger — a “commendable” goal. But the …

Urban Flooding: Legal Tools To Address A Growing Crisis, Michael B. Gerrard

Faculty Scholarship

While sea level rise has long received a great deal of attention, another impact of climate change is now getting greater notice — increases in extreme precipitation. As the atmosphere warms, it can hold more moisture; for every increase of one degree Celsius, seven percent more water vapor is carried in the air. When that moisture is quickly released as intense rainstorms, stormwater systems can be overwhelmed, and cities can suffer devastating floods.

The frequency and intensity of heavy precipitation events have increased since the 1950s over most of the world's land areas. One 2023 study — generally consistent with …

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …

Bridging The Divide: Improving Digital Humanities Pedagogy By Networking Higher Education And Secondary Education Faculty In St. Louis, Geremy Carnes, Margaret K. Smith

Faculty Scholarship

In 2021, faculty at Lindenwood University and Southern Illinois University Edwardsville (SIUE) led the formation of a Saint Louis Digital Humanities (STL DH) Network of faculty and scholars at area universities, schools, and cultural institutions.1 The Lindenwood and SIUE campuses bookend the St. Louis metro area, a region whose strong geospatial presence offers fruitful opportunities for digital humanities (DH) education but which also suffers from long, deeply ingrained economic and racial segregation. While other regional DH networks exist, the STL DH Network is unique in taking undergraduate education and secondary education— and particularly equitable access to education—as its chief focus. …

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Integrating Multiscale Geospatial Analysis For Monitoring Crop Growth, Nutrient Distribution, And Hydrological Dynamics In Large-Scale Agricultural Systems, Olatunde D. Akanbi, Deepa C. Bhuvanagiri, Erika I. Barcelos, Arafath Nihar, Brian Gonzalez Hernandez, Jeffrey M. Yarus, Roger H. French

Faculty Scholarship

Monitoring crop growth, soil conditions, and hydrological dynamics are imperative for sustainable agriculture and reduced environmental impacts. This interdisciplinary study integrates remote sensing, digital soil mapping, and hydrological data to elucidate intricate connections between these factors in the state of Ohio, USA. Advanced spatiotemporal analysis techniques were applied to key datasets, including the MODIS sensor satellite imagery, USDA crop data, soil datasets, Aster GDEM, and USGS stream gauge measurements. Vegetation indices derived from MODIS characterized crop-specific phenology and productivity patterns. Exploratory spatial data analysis show relationships of vegetation dynamics and soil properties, uncovering links between plant vigor, edaphic fertility, and …

Integrating Multiscale Geospatial Analysis For Monitoring Crop Growth, Nutrient Distribution, And Hydrological Dynamics In Large-Scale Agricultural Systems, Olatunde D. Akanbi, Deepa C. Bhuvanagiri, Erika I. Barcelos, Arafath Nihar, Brian Gonzalez Hernandez, Jeffrey M. Yarus, Roger H. French

Faculty Scholarship

Monitoring crop growth, soil conditions, and hydrological dynamics are imperative for sustainable agriculture and reduced environmental impacts. This interdisciplinary study integrates remote sensing, digital soil mapping, and hydrological data to elucidate intricate connections between these factors in the state of Ohio, USA. Advanced spatiotemporal analysis techniques were applied to key datasets, including the MODIS sensor satellite imagery, USDA crop data, soil datasets, Aster GDEM, and USGS stream gauge measurements. Vegetation indices derived from MODIS characterized crop-specific phenology and productivity patterns. Exploratory spatial data analysis show relationships of vegetation dynamics and soil properties, uncovering links between plant vigor, edaphic fertility, and …

Biotic Interactions Vary Across Species' Ranges And Are Likely Conserved Through Geological Time, Iulian Gherghel, Ryan Andrew Martin

Faculty Scholarship

Aim: The evolutionary interactions between western spadefoot toads (genus Spea) represent a textbook example of character displacement, facilitated by dietary specialization of one Spea species on fairy shrimp (Anostraca) when all three co-occur. The aim of this study is to understand the covariation between predator (Spea) and prey (Anostraca) range shifts in response to climate change oscillations, and whether biotic interactions can be used to project species distribution models on different time scales when studying species with dietary specialization. Taxon: Amphibia: Spea spp. and Crustacea: Anostraca. Location: North America. Methods: Using multiple modelling techniques, we first estimated the potential distribution …

Crowdsourcing Surveillance, Chaz Arnett

Faculty Scholarship

In Unreasonable: Black Lives, Police Power, and the Fourth Amendment, Devon W. Carbado illuminates how both the spectacular and quotidian forms of racialized terror, brutality, and surveillance—characteristic of enslavement—have shaped the construction of our constitutional order. He argues that the combined social normalization and legal naturalization of racial hierarchy paved the way for the development of slave patrols and other early iterations of policing where incredible acts of violence against Black bodies were made ordinary and essential. He explains how this legacy continues today with Fourth Amendment jurisprudence not simply failing to protect rights but rather licensing police violence …

The Role Of Data Sharing In Transboundary Waterways: The Case Of The Helmand River Basin, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

While data and information exchanges theoretically play an effective role in the decision-making process of a shared watercourse, in practice, there are several challenges that prevent riparians from sharing data in an effective and cooperative manner. This chapter seeks to assess why the riparian nations of the Helmand River have failed to adopt an effective data exchange mechanism although both nations signed an internationally recognized bilateral water treaty in 1973. Applying a mixed study approach, the study draws on the theory of planned behavior (TPB) to interpret the main obstacles of data sharing between Afghanistan, the upstream state, and Iran, …