Digital Commons Network^™

Directing The Absent Tool: Friction Embodiment And Competency Progression In Ai Assisted Creative Learning, Daniel Suarez, James Hutson

Faculty Scholarship

Generative artificial intelligence complicates the relationship between successful creative production and the development of independent disciplinary judgment. Task allocation offers a practical response by identifying operations that learners should protect, perform with support, or delegate, yet the educational value of an allocation depends on conditions that change beyond a single assignment. This article extends a process-centered framework along three connected axes: absence, modality, and time. Constructivist friction describes difficulty encountered when learners must reconstruct judgments previously supplied by an available tool; its educational value depends on subsequent diagnosis, feedback, and transfer rather than difficulty alone. A spatial and embodied extension …

Generative Ai In Art And Design Education: Keeping The Human In The Creative Loop, James Hutson, Daniel Suarez

Faculty Scholarship

Research on generative artificial intelligence in education reveals a persistent divergence between successful assisted performance and the development of independent knowledge, creative judgment, and transferable skill. Studies of art and design additionally identify opportunities for iterative exploration alongside concerns about visual fixation, uncertain authorship, and dependence on generated alternatives. These findings create an instructional problem: educators need to determine which creative decisions should remain with learners, which operations can receive bounded assistance, and which activities can be delegated without bypassing the intended learning. Existing scholarship addresses these questions through research on scaffolding, human-AI collaboration, assessment, and psychological ownership, but these …

Connecting Families Through Cash Transfers And An Enabling Environment In Colombia, Mexico, And The Philippines: A Qualitative Study, Johanna K P Greeson, John Gyourko, Sarah Wasch, Kristin Mallory, Lory Fehlig, Cesar Jácome, Nestor David Lara Yanes, Fátima Areli Ruiz Gutiérrez, Dennis Guamos, Adele R. Lehman

Faculty Scholarship

Nearly 700 million people worldwide live in extreme poverty, and almost half of the world’s population lives below the poverty line. Cash transfer programs are increasingly used to address poverty’s effects on family well-being, yet less is known about how families experience programs that combine cash transfers with peer-driven mutual aid. Children International’s (CI) Community Independence Initiative (CII) provides conditional cash transfers and promotes family-led goal setting, mutual support, and shared learning. This qualitative study explored how families in Colombia, Mexico, and the Philippines experienced CII and made meaning of its material and relational components. We conducted focus groups with …

A Quantitative Content Analysis Of Media Framing Of Illegal Mining In Ghana, Ebenezer Ato Kwamena Aidoo, Patrick Ansah, Fredrick Daoyenikye, Maame Aba Afful

Faculty Scholarship

Illegal mining in Ghana has attracted considerable public and policy attention due to its far-reaching environmental, social, and health consequences. Our study examines how Ghanaian news media frame illegal mining, the tone of media coverage, and the stakeholders represented in news narratives. Using a quantitative content analysis, 800 news articles were sampled from six widely read media outlets, Daily Graphic, Ghanaian Times, TV3 Ghana, GTV, Joy FM, and Citi Newsroom. A multivariate analysis of variance (MANOVA) was employed to examine differences in framing, tone, and stakeholder representation across outlets. Findings indicate that news organizations emphasize distinct frames, resulting in varied …

Community Ai Resilience: A Five-Pillar Framework For Preparing Communities For An Ai-Transformed World, Robin D. Anderson, Nicholas A. Curtis

Faculty Scholarship

Current artificial intelligence readiness strategies focus almost exclusively on two priorities: expanding access to AI tools and developing a technical workforce. While necessary, these efforts are insufficient. AI seems likely to transform how people work and, with that, to reshape how individuals derive meaning, how families function, and how communities organize. This paper presents the Community AI Resilience Framework, a five-pillar model addressing the human systems dimensions of AI transformation: (1) Economic Resilience and Regulatory Adaptation; (2) Social Cohesion and Belonging Infrastructure; (3) Psychological Resilience and Identity Reconstruction; (4) Civic and Educational Renewal; and (5) Ecological and Leisure Commons Management. …

Beyond The "Mucha Woman": Ornamental Invariance And Sarah Bernhardt's Cross-Gender Poster Persona, 1894-1899, Rose Mary Weigand, James Hutson

Faculty Scholarship

Alphonse Mucha's recurring female figure is often treated as a unified Art Nouveau type, alternately interpreted as an erotic commodity, a decorative ideal, or an emblem of the New Woman. This article argues that the category becomes analytically unstable when it is applied to the theater posters Mucha designed for Sarah Bernhardt. Through close visual comparison of Gismonda (1894), Lorenzaccio (1896), Médée (1898), and Hamlet (1899), with JOB (1896) serving as a commercial countertype, the study develops the concept of ornamental invariance: a stable graphic system that preserves celebrity recognition while role, costume, narrative action, and gender change. Mucha's elongated …

The Impact Of Ai Companions On Family Law, Clare Huntington

Faculty Scholarship

People of all ages and backgrounds regularly use AI companions — virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As …

Leadership Experiences Of Gender-Diverse Managers In U.S. Libraries And Museums, Galen Jay Talis

Faculty Scholarship

This article explores how gender-diverse managers in U.S. libraries and museums experience leadership and perceive gender to influence leadership. In-depth interviews were conducted with five gender-diverse managers. Data were analyzed with inductive, semantic thematic analysis and a complementary, deductive analysis using Wharton’s multilevel gender framework. Participants described relational, pragmatic, point-person leadership—connecting and supporting people, coordinating work, and translating between units—while expressing ambivalence about formal and hierarchical roles. Most did not initially link leadership to gender; when prompted, they articulated gender’s influence at individual, interactional, and institutional levels. Gender discrimination and transphobia persist even in woman-dominated contexts, shaping decisions about visibility, …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

The Eviction Caste System, Allison Freedman

Faculty Scholarship

The United States is facing a dire housing crisis, and most Americans agree that housing is a universal necessity. Yet under current Supreme Court jurisprudence, housing is not a fundamental right, and individuals facing housing insecurity from an eviction are generally not members of a suspect class. This is because eviction is often viewed as an individual problem and a symptom of poverty, which the Supreme Court has repeatedly affirmed is not a suspect classification. This Article disrupts the superficial narrative that eviction is an individualistic symptom of poverty, and instead views evictions from a systemic and historical perspective. It …

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Childhood, Likelihood, And Probative Value: A Further Call For Greater Probity And Less Childism In Evidence Law, Mae C. Quinn

Faculty Scholarship

No abstract provided.

Birthdate Phaseout, Katharine B. Silbaugh

Faculty Scholarship

This Article explores the Nicotine Free Generation ("NFG") policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of its users and imposing $600 billion in social costs each year. We see two basic choices for regulating sales: prohibition or a legal age-gate, such as twenty-one, for retail sales. NFG charts a third way. Recognizing the dire harm of tobacco and the serious consequences of abrupt prohibition, NFG lays the groundwork for a gradual transition to a sales sunset. In place of the twenty-one …

On Predicting And Stopping Dystopia, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Is it reasonable to be dystopian about how the future will likely unfold? We think so. For some time, we have been arguing that facial recognition technology is a perfect tool of oppression, and that its pernicious affordances are leading society down a slippery slope toward the evisceration of privacy by obscurity. This is a soft form of “determinism”—the notion that while technology is not an unstoppable force and the future is not preordained, there nevertheless are identifiable factors, such as the invitingness of affordances, human nature, and incentives that drive technology in certain directions and make some social outcomes …

An International Approach To Homelessness. Part Ii. Slums Demolition Or Upgrading?, Pranit Lanjewar, Jaroslaw Richard Romaniuk

Faculty Scholarship

In search of the best approach to eradicating homelessness in underdeveloped countries with large populations, we conducted interviews with professionals involved in different models of helping the unhoused. Although it has been established that the Housing First model combined with human services is the best model to end homelessness, the cost of housing might be prohibitive for many national governments. In situations where governments are over-whelmed by the numbers of homeless people, communities and organizations develop specific methods and practices to meet the needs of unhoused individuals. For the purpose of this paper, phenomenological research was undertaken to learn how …

Bankrupt Crypto Organizations, Kara Bruce, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

This Article provides the first comprehensive analysis of the intersection between decentralized autonomous organizations (DAOs) and American bankruptcy law. DAOs are blockchain-based entities that enable individuals to pursue common goals using decentralized decision-making and automated governance. Since their recent emergence, DAOs have proliferated dramatically—with over 20,000 organizations managing over $20 billion in assets and engaging in activities ranging from investment management to real estate and even attempting to purchase historic copies of the U.S. Constitution. Yet like any other organization, DAOs can fail, creating an urgent need to understand what happens when unstoppable code meets immovable bankruptcy law.

Our investigation …

Contagious Discrimination: Why Race-Blind Justice In Courtrooms Is Not Enough, Yijia Lu, Murat C. Mungan

Faculty Scholarship

Existing theories of discrimination focus on discrimination at the individual, societal, or organizational level. We highlight the importance of the dynamic relationship between different institutional actors who jointly give rise to discriminatory outcomes. This reveals that discrimination can be contagious: discrimination that would otherwise not occur at one institutional level can arise due to discrimination at another institutional level. Therefore, discrimination by some actors can trickle down and create disparate impacts in processes that would otherwise be free of discrimination. This phenomenon, which we term “contagious discrimination,” can manifest itself in various settings such as employment and commercial trade negotiations. …

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Discriminatory Effect(S), W. Kerrel Murray

Faculty Scholarship

In constitutional law, “discriminatory effect” often matters. So it’s surprising how often we don’t quite know what it means. That opacity is trans-substantive; it has been a recent pitfall in contexts as diverse as admissions-policy challenges under the Equal Protection Clause, personal-jurisdiction disputes under the “dormant” Commerce Clause, and, under the Free Exercise Clause, requests for exemptions from facially neutral laws.

This Article’s first corrective is a novel typology. Constitutional discriminatory effect is murky, in part, because it has many types; we perceive it in myriad ways across constitutional domains. Comprehending this complexity enhances our understanding of what discriminatory-effect rules …

Can Legal Knowledge Save Lives? A Randomized Experiment In Preventive Health Screenings, Christopher Robertson, Wendy Netter Epstein

Faculty Scholarship

While the U.S. healthcare system typically imposes significant out-of-pocket costs, the Affordable Care Act (ACA) requires full insurance coverage for certain preventive health services (PHS), including cancer screenings, without cost-sharing. Despite this policy, one in four eligible Americans remains unscreened for breast, colorectal, and cervical cancer, which increases their risk of premature death. We hypothesize that a lack of awareness about the ACA’s free care requirement contributes to this gap and that explicitly informing patients could increase screening uptake. Additionally, we investigate whether prior experiences with medical debt deter individuals from seeking even cost-free care, reflecting a spillover effect of …

Large Language Models In Qualitative Analysis: Comparing Traditional And Researcher-Interpreted Approaches, Raihan K. Khan

Faculty Scholarship

Qualitative data analysis, particularly thematic analysis, is a widely used method for uncovering patterns and insights in narrative data but often faces challenges such as being resource-intensive and susceptible to researcher bias. In recent years, Large Language Models (LLMs) have emerged as promising tools to assist human coders in conducting thematic analysis, offering efficiency and scalability in processing large datasets. However, existing work primarily relies on tools like ChatGPT, raising privacy concerns—especially when analyzing sensitive healthcare data—and lacks systematic validation through comparisons with human coders. This study aims to evaluate the potential of open-source LLMs for qualitative data analysis. Semi-structured …

Left Behind In Lockdown: A Scoping Review Of Covid-19’S Impact On The Lives Of Transition-Age Foster Youth, Johanna K P Greeson, Sarah Wasch, John Gyourko, Antonio R. Garcia, Hannah Bennett, Kate Greco, Liya Cha

Faculty Scholarship

This scoping review asked: What is known about the scope and nature of research on the COVID-19 pandemic and its effects on older youth with foster care experience in the United States, including the types of studies, samples and outcomes examined? Guided by the Joanna Briggs Institute framework and PRISMA-ScR, we searched 11 databases and grey literature sources (October2024 to January 2025). Eligible studies were United States based, published from 2020 onward and included primary data on foster youth or relevant professionals. Thirty-two studies met inclusion criteria. Most studies were descriptive or cross-sectional, reflecting early phases of the pandemic. Mapping …

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

The Spectrum Of Bipolar Disorder In Older Adults, Hui Xin Ng, Martha Sajatovic

Faculty Scholarship

The absolute number and relative proportion of individuals with older-age bipolar disorder (OABD) is expected to rise due to the global aging of the population, necessitating a greater understanding of the unique characteristics of OABD and the trajectory of aging with BD in order to improve the health span of people with BD. This review summarizes current knowledge on OABD, examining its clinical presentation, neurobiology, and treatment, as well as identifying key gaps and future directions for research. OABD is characterized by relatively greater cognitive impairment and somatic burden, despite potentially reduced mood symptom severity compared to younger-age bipolar disorder …

Police Reform As System Justification, Shawn E. Fields

Faculty Scholarship

System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify and maintain existing social and political systems even when those systems disadvantage them, because the predictability of the status quo provides palliative, epistemic, and existential comfort in what otherwise appears to be an unjust and inequitable societal structure. Contrary to “false consciousness” theories, SJT claims that disadvantaged groups may intentionally rationalize what they know to be an unfair status quo, because doing so reduces social anxiety and threat while providing much desired order and meaning …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Faculty Scholarship

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Neuroaesthetic Frequency Tuning For Neurodivergent Populations: A Network-Informed Theory Of Music For Emotional Memory And Cognitive Regulation, Piper Hutson, James Hutson

Faculty Scholarship

Neuroaesthetic frequency tuning posits that deliberate selection of musical parameters can modulate large-scale neural systems to support emotional memory retrieval and cognitive regulation in neurodivergent populations. Drawing on contemporary evidence from network neuroscience, cognitive musicology, and affective science, the article synthesizes how rhythmic, harmonic, and lyrical structures align with Default Mode (DM), fronto-parietal control, salience, motor, and limbic systems, and how these alignments can be targeted to balance internally oriented mentation with task engagement. The theory further integrates autonomic and cellular mechanisms, describing how tempo and spectral energy shift arousal and heart rate variability, and how astrocytic ensembles contribute to …