Digital Commons Network^™

Deep Fakes: A Looming Challenge For Privacy, Democracy, And National Security, Robert Chesney, Danielle K. Citron

Faculty Scholarship

Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. While deep-fake technology will bring with it certain benefits, it also will introduce many harms. The marketplace …

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat C. Mungan

Faculty Scholarship

It is considered axiomatic that defamation law protects reputation. This proposition—commonsensical, pervasive, and influential—is faulty. Underlying this fallacy is the failure to appreciate audience effects: the interaction between defamation law and members of the audience.

Defamation law seeks to affect the behavior of speakers by making them bear a cost for spreading untruthful information. Invariably, however, the law will also affect members of the audience, as statements made in a highly regulated environment tend to appear more reliable than statements made without accountability. Strict defamation law would tend to increase the perceived reliability of statements, which in some cases can …

Understanding The Role Of Complexation In The Charge-Transfer Kinetics Of The Cu2+ + E ↔ Cu1+ Redox Reaction In Ethaline Deep Eutectic Solvent, Dai Shen, Rohan Akolkar

Faculty Scholarship

Deep eutectic solvent (DES) based electrolytes are gaining attention for electrochemical applications. As such, knowledge of the charge transfer kinetics in DES and its dependence on electrolyte composition and temperature is important. Using Cu2+ + e ↔ Cu1+ as a model system, we demonstrate that metal redox reactions in chloride-containing DES media suffer from sluggish charge transfer kinetics. The exchange current density, i0, displayed a peculiar inverse relationship with the bulk chloride concentration, [Cl−]b. The i0 decreased from 7.9 to 3.0 mA/cm2 when [Cl−]b increased from 2.8 to 4.6 M at 30°C. Such dependence is shown to originate from Cl− …

Data-Informed Duties In Ai Development, Frank Pasquale

Faculty Scholarship

No abstract provided.

Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Frank Pasquale, Kristin Johnson, Jennifer Elisa Chapman

Faculty Scholarship

No abstract provided.

Why Sexual Privacy Matters For Trust, Danielle K. Citron

Faculty Scholarship

Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat.

Now, as then, the success and integrity of intimate relationships depends upon sexual privacy. Intimate relationships develop as partners grow to trust one another to treat their nakedness, deepest secrets, and sexual desires as they hope rather than as they fear. Handling partners’ personal information with discretion lays the foundation for …

The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh

Faculty Scholarship

This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …

Race And Class: A Randomized Experiment With Prosecutors, Christopher Robertson, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socio-economic class differences, which are highly correlated with race.
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/="/">This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case-vignettes are manipulated between-subjects in five conditions to test effects of defendants’ race and …

Race And Class: A Randomized Experiment With Prosecutors, Christopher Robertson, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socioeconomic class differences, which are highly correlated with race. This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case vignettes are manipulated between subjects in five conditions to test effcts of defendants’ race and …

Alpha Synuclein In Hematopoiesis And Immunity, Robert W. Maitta

Faculty Scholarship

Parkinson's disease (PD) is the second most common neurodegenerative condition and intracellular deposition of Lewy bodies in the substantia nigra (SN), which can cause dopaminergic neuronal death, is the hallmark of this syndrome. α-synuclein (syn) is a small protein expressed mainly in neurons but can also be found in a number of tissues. It can be present as a soluble monomer under normal physiological conditions, but can be toxic in its oligomeric or fibrillary forms. Most of the available literature has focused on the effects of α-syn pathology in the mechanisms leading to PD. However, the normal functions of α-syn …

Regarding Docket No. Fr-6111-P-02, Hud’S Implementation Of The Fair Housing Act’S Disparate Impact Standard, Sonia Gipson Rankin, Alfred Mathewson, Melanie Moses, G. Matthew Fricke, Kathy Powers, Gabriel R. Sanchez, Christopher Moore, Elizabeth Bradley, Mirta Galesic, Joshua Garland

Faculty Scholarship

The is a Comment on the Department of Housing and Urban Development (HUD) Proposed Rule: FR-6111-P-02 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard . This comment examines how algorithms in housing applications may be inherently biased against certain groups of people.

Their arguments against the proposed legislation:

1. To ensure that an algorithm does not have disparate impact, it is not enough to show that individual input factors are not “substitutes or close proxies” for protected characteristics.

2. It is impossible to audit an algorithm for bias without an adequate level of transparency or access to the …

The Guardian Interviews Maryam Ahranjani: When Kids Are Threats: The Assessments Unfairly Targeting Students With Disabilities, Maryam Ahranjani, Ike Swetlitz

Faculty Scholarship

His story should motivate district officials to re-evaluate their use of threat assessments, said Maryam Ahranjani, a law professor at the University of New Mexico. As currently practiced, she said, the assessment process can unfairly ensnare many students. “It’s treating them as if they are criminals without them actually engaging in criminal activity.”

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor

Faculty Scholarship

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I …

The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory Van Loo

Faculty Scholarship

An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history—large platforms such as Amazon, Facebook, and Google—have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by the privacy problems of excess collection from individuals, not businesses. There has been little sustained attention to the problem of insufficient information collection from businesses. This Article articulates the administrative state’s normative framework for monitoring businesses and shows how that framework is increasingly in tension with privacy concerns. One emerging complication is …

Introduction: Symposium: Incitement At 100 And 50-And Today-Free Speech And Violence In The Modern World, William Araiza, Joel Gora

Faculty Scholarship

No abstract provided.

Letter To Council Members Regarding Council Draft 3, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 3 (CD3) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 17-18, 2019. The Council may not appreciate how controversial a project this is: the U.S. Copyright Office, the U.S. Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, the New York City Bar Association’s Committee on Copyright and Literary Property, academics and other Advisers and Liaisons have expressed serious concerns about this and previous Council Drafts and Preliminary Drafts; indeed, the Register of Copyrights deplored the project as a …

Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects, Susan Saab Fortney

Faculty Scholarship

Working with a team of three subject matter experts, the National Legal Aid and Defender Association implemented and evaluated two pilot mentoring projects aimed at helping lawyers who serve as assigned counsel. This report discusses the program design, evaluation outcomes, and offers guidance through lessons learned for other jurisdictions interested in introducing assigned counsel mentoring programs. The author of the report was the principal investigator who evaluated the programs.

This project was supported by grant number 2015-AJ-BX-K043 awarded by the Bureau of Justice Assistance, Office of Justice Programs to the National Legal Aid and Defender Association. The opinions, findings, and …

The New Data Of Student Debt, Christopher K. Odinet

Faculty Scholarship

Where you go to college and what you choose to study has always been important, but, with the help of data science, it may now determine whether you get a student loan. Silicon Valley is increasingly setting its sights on student lending. Financial technology (“fintech”) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance educational expenses. These online companies are using a wide array of alternative, education-based data points—ranging from applicants’ chosen majors, assessment scores, the college or university they attend, job history, and cohort default rates—to determine creditworthiness. Fintech …

Characterization Of Cerium (Iii) Ion Binding To Surface‐Immobilized Ef‐Hand Loop I Of Calmodulin, Mingyuan Xu, Zihang Su, Julie N. Renner

Faculty Scholarship

Cerium has a wide range of current and emerging applications, and the binding of cerium ions to solid substrates is important for cerium recovery, or in advanced material synthesis. In this study, we investigate the affinity of a surface-bound peptide derived from the EF-hand loop I of calmodulin for cerium (III) ions and compare the results to a scrambled control. Results obtained via quartz crystal microbalance with dissipation are used to estimate the dissociation constant between the EF-hand loop I peptide and cerium (III) ions (1.3 ± 0.1 μM), which is comparable with other dissociation constants measured for EF-hand peptides …

Fluorescence Microscopy Of Biophysical Protein Dynamics In Nanoporous Hydrogels, Anuj Saini, Lydia Kisley

Faculty Scholarship

Proteins within nanoporous hydrogels have important biotechnological applications in pharmaceutical purification, tissue engineering, water treatment, biosensors, and medical implants. Yet, oftentimes proteins that are functional in solution lose activity when in contact with soft, nanostructured, condensed phase materials due to perturbations in the folded state, conformation, diffusion, and adsorption dynamics of the protein by the material. Fluorescence microscopy experimentally measures the biophysical dynamics of proteins within hydrogels at the nanoscale and can overcome the limitations of conventional ensemble techniques. An explanation of the benefits of fluorescence is provided, and principles of fluorescence microscope instrumentation and analysis are discussed. Then several …

The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello

Faculty Scholarship

In 1991, the American Law and Economics Association identified Guido Calabresi, Ronald Coase, Henry Manne and Richard Posner as the founders of the 'law and economics' movement. The European Journal of Law and Economics has already devoted a special issue to each of the last three. It is now Calabresi's turn. The order has no particular meaning and the current issue in Calabresi's honor does not depend on a desire to complete the list. Rather, we waited for a very special occasion to celebrate Calabresi's work - the publication of his latest book, The Future of Law and Economics (2016).

Law And Economics Versus Economic Analysis Of Law, Keith N. Hylton

Faculty Scholarship

I agree with Calabresi's general distinction between Economic Analysis of Law and Law and Economics. However, these broad categories may obscure important differences between types of law and economics scholarship. I would distinguish positive economic analysis from normative economic analysis, and positivist legal analysis from nonpositivist analysis. The four categories generated by these distinctions provide a more fine-grained map of the styles of reasoning in law and economics, and has implications for the future of law and economics.

Mistaken About Mistakes, Kathryn Zeiler

Faculty Scholarship

Theoretical work in behavioral economics aims to modify assumptions of standard neoclassical models of individual decision-making to better comport with observed behavior. The alternative assumptions fall into at least two categories: nonstandard preferences and psychological mistakes. Applications of behavioral economics models in law, however, tend to assume that deviations from standard neoclassical models are meant to build in psychological mistakes that produce regrettable choices. Often follow-on policy prescriptions suggest interventions that either help individuals choose correctly or go further to substitute the “correct” choices for those that mistake-prone individuals might choose in error. Such policy prescriptions are ill suited in …

Minding The Gaps In Lawyers' Rules Of Professional Conduct, Anita Bernstein

Faculty Scholarship

No abstract provided.

Barriers To Epilepsy Care In Central Uganda, A Qualitative Interview And Focus Group Study Involving Plwe And Their Caregivers, Martha Sajatovic, Carol Blixen

Faculty Scholarship

Background: Epilepsy is a common neurological disease with substantial impact on the subject and their caretakers. This exploratory study identified barriers to care for persons living with epilepsy (PLWE) to develop a culturally acceptable nurse led self-management intervention for PLWE previously developed in the United States. Methods: The study involving 48 participants (31 PLWE and 17 caregivers) with in depth interviews and focus groups was conducted. We obtained insights into barriers to care in PLWE and their caregivers. Using a thematic analytic procedure emphasizing the dominant themes the qualitative responses were analyzed. Median age of PLWE was 24 years (IQR …

Social Networks Moderate The Syndemic Effect Of Psychosocial And Structural Factors On Hiv Risk Among Young Black Transgender Women And Men Who Have Sex With Men, Dexter R. Voisin

Faculty Scholarship

The interaction between the cumulative effect of psychosocial and structural factors (i.e. syndemic effect) and social networks among young Black transgender women and men who have sex with men (YBTM) remains understudied. A representative cohort of 16–29 year-old YBTM (n = 618) was assessed for syndemic factors [i.e. substance use; community violence; depression; poverty; justice system involvement (JSI)], social network characteristics, condomless anal sex (CAS), group sex (GS), and HIV-infection. The syndemic index significantly increased the odds of CAS, GS, and HIV-infection, and these effects were moderated by network characteristics. Network JSI buffered the effect on CAS, romantic network members …

When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar

Faculty Scholarship

No abstract provided.

Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Faculty Scholarship

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

Faculty Scholarship

The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …