Digital Commons Network^™

Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan

Faculty Scholarship

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …

The Last Colony Of The Mind: Narrative, Legal Advocacy, And The Decolonization Of Legal Knowledge, Ayodeji Kamau Perrin

Faculty Scholarship

Philippe Sands’ The Last Colony¹ tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ).² In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial holdings, it took the anachronistic step of creating a colony—the British Indian Ocean Territory (BIOT).³ In flagrant violation of UN Resolution 1514,⁴ the United Kingdom detached the Chagos Archipelago from the colony of Mauritius. And between 1967 and 1973, …

The Transformation Of Social Work In Ukraine Before And During The War, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

Background: This article aims to review the development of the social work profession in Ukraine and to describe the impact of social, economic and political changes on social work practices and education. Methods: A comprehensive literature review and participant observation methods informed this study. A case study of a Polish community’s response to Ukrainian war refugees illustrates how social workers might capitalize on current social structures to continue strengthening civil society in Ukraine. Findings and Discussion: Social Work, focusing on the fit between person and environment, is shaped by knowledge, culture and belief systems. Ukraine’s history and transition from communist/centralized …

Preserving Linguistic Diversity In The Digital Age: A Scalable Model For Cultural Heritage Continuity, James Hutson, Pace Ellsworth, Matt Ellsworth

Faculty Scholarship

In the face of the rapid erosion of both tangible and intangible cultural heritage globally, the urgency for effective, wide-ranging preservation methods has never been greater. Traditional approaches in cultural preservation often focus narrowly on specific niches, overlooking the broader cultural tapestry, particularly the preservation of everyday cultural elements. This article addresses this critical gap by advocating for a comprehensive, scalable model for cultural preservation that leverages machine learning and big data analytics. This model aims to document and archive a diverse range of cultural artifacts, encompassing both extraordinary and mundane aspects of heritage. A central issue highlighted in the …

Bipolar Symptoms, Somatic Burden And Functioning In Older-Age Bipolar Disorder: A Replication Study From The Global Aging & Geriatric Experiments In Bipolar Disorder Database (Gage-Bd) Project, Martha Sajatovic, Farren B.S Briggs, Kaylee Sarna, Joy Yala

Faculty Scholarship

Objectives: The Global Aging & Geriatric Experiments in Bipolar Disorder Database (GAGE-BD) project pools archival datasets on older age bipolar disorder (OABD). An initial Wave 1 (W1; n = 1369) analysis found both manic and depressive symptoms reduced among older patients. To replicate this finding, we gathered an independent Wave 2 (W2; n = 1232, mean ± standard deviation age 47.2 ± 13.5, 65% women, 49% aged over 50) dataset. Design/Methods: Using mixed models with random effects for cohort, we examined associations between BD symptoms, somatic burden and age and the contribution of these to functioning in W2 and the …

Reclaiming The Symbol: Ethics, Rhetoric, And The Humanistic Integration Of Gai - A Burkean Perspective, Daniel Plate, James Hutson

Faculty Scholarship

This study delves into the intersection of generative artificial intelligence (GAI) and the Humanities, guided by the critical insights of Kenneth Burke, a seminal figure in the study of rhetoric and a vocal critic of scientism and positivism. The skepticism of the American literary theorist towards an uncritical embrace of science and technology, and his concerns over the inclination of the Humanities to adopt scientific methodologies at the expense of traditional forms of inquiry, provide a critical framework for examining the new role played by GAI within the Humanities. By framing these tools in the context of Burkean rhetorical theory, …

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …

Sex Differences Among Older Adults With Bipolar Disorder: Results From The Global Aging & Geriatric Experiments In Bipolar Disorder (Gage-Bd) Project, Kaylee Sarna, Joy Yala, Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Sex-specific research in adult bipolar disorder (BD) is sparse and even more so among those with older age bipolar disorder (OABD). Knowledge about sex differences across the bipolar lifespan is urgently needed to target and improve treatment. To address this gap, the current study examined sex differences in the domains of clinical presentation, general functioning, and mood symptoms among individuals with OABD. Methods: This Global Aging & Geriatric Experiments in Bipolar Disorder (GAGE-BD) study used data from 19 international studies including BD patients aged ≥50 years (N = 1,185: 645 women, 540 men).A comparison of mood symptoms between women …

False Conscience: Sustainability And Smart Evolution—Between Law And Power, Ugo Mattei

Faculty Scholarship

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto …

A Framework For Building Comprehensive Cancer Center’S Capacity For Bidirectional Engagement, Erika S. Trapl, Sarah Koopman Gonzalez, Kristina Austin

Faculty Scholarship

Purpose: Community engagement has benefits for cancer centers’ work and for its researchers. This study examined the experiences and perceptions of community engagement by members of the Case Comprehensive Cancer Center (Case CCC) to create and implement a framework to meet the needs of the entire cancer center. Methods: This study included three phases: 1) Semi-structured interviews with 12 researchers from a basic science program to identify needs and suggestions for the support of community engagement; 2) Preliminary interview results informed the development of a survey of 86 cancer center members’ about their awareness of and readiness to integrate community …

Sociodemographic And Clinical Characteristics Of People With Oldest Older Age Bipolar Disorder In A Global Sample: Results From The Global Aging And Geriatric Experiments In Bipolar Disorder Project, Peijun Chen, Martha Sajatovic, Joy Yala, Kaylee Sarna

Faculty Scholarship

Objects: Studies of older age bipolar disorder (OABD) have mostly focused on “younger old” individuals. Little is known about the oldest OABD (OOABD) individuals aged ≥70 years old. The Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) project provides an opportunity to evaluate the OOABD group to understand their characteristics compared to younger groups. Methods: We conducted cross-sectional analyses of the GAGE-BD database, an integrated, harmonized dataset from 19 international studies. We compared the sociodemographic and clinical characteristics of those aged <50 (YABD, n = 184), 50–69 (OABD, n = 881), and ≥70 (OOABD, n = 304). To standardize the comparisons between age categories and all characteristics, we used multinomial logistic regression models with age category as the dependent variable, with each characteristic as the independent variable, and clustering of standard errors to account for the correlation between observations from each of the studies. Results: OOABD and OABD had lower severity of manic symptoms (Mean YMRS = 3.3, 3.8 respectively) than YABD (YMRS = 7.6), and lower depressive symptoms (% of absent = 65.4%, and 59.5% respectively) than YABD (18.3%). OOABD and OABD had higher physical burden than YABD, especially in the cardiovascular domain (prevalence = 65% in OOABD, 41% in OABD and 17% in YABD); OOABD had the highest prevalence (56%) in the musculoskeletal domain (significantly differed from 39% in OABD and 31% in YABD which didn't differ from each other). Overall, OOABD had significant cumulative physical burden in numbers of domains (mean = 4) compared to both OABD (mean = 2) and YABD (mean = 1). OOABD had the lowest rates of suicidal thoughts (10%), which significantly differed from YABD (26%) though didn't differ from OABD (21%). Functional status was higher in both OOABD (GAF = 63) and OABD (GAF = 64), though only OABD had significantly higher function than YABD (GAF = 59). Conclusions: OOABD have unique features, suggesting that (1) OOABD individuals may be easier to manage psychiatrically, but require more attention to comorbid physical conditions; (2) OOABD is a survivor cohort associated with resilience despite high medical burden, warranting both qualitative and quantitative methods to better understand how to advance clinical care and ways to age successfully with BD.

Definitions Of Recovery And Reintegration Across The First Year: A Qualitative Study Of Perspectives Of Persons With Spinal Cord Injury And Caregivers, Kim D. Anderson, Anne M. Bryden, Brian Gran, Susan W. Hinze

Faculty Scholarship

Study Design: Longitudinal, qualitative cohort study. Objectives: To understand how people with newly acquired spinal cord injury (PWS) and their support person (SP) define recovery and successful community reintegration (CR) across the first 12 months post-injury (mpi) and their satisfaction with the rate of recovery and reintegration experienced. Setting: Academic and Veterans hospitals in Midwest USA. Methods: In-depth, semi-structured interviews were conducted in two cohorts of PWS and SP during the initial inpatient rehabilitation stay, at 6 mpi, and at 12 mpi. Recordings were transcribed; four authors independently undertook line-by-line coding. The team discussed codes to reach consensus and synthesize …

Enhancing Workplace Neuro Health And Productivity: The Synergy Of Wearable Technology With Biophilic And Oxygenation Strategies, Piper Hutson, James Hutson

Faculty Scholarship

In the contemporary workplace, where a staggering 62% of employees reported experiencing burnout in 2023 according to a Medium article, the integration of wearable technology with biophilic and oxygenation strategies emerges as a vital Neurohemal initiative. This approach is particularly relevant for supporting neurodivergent individuals, as well as those recovering from stroke and long-COVID, in the context of return-to-office mandates. The article underscores the significance of research on increased hydrostatic pressure in circulation, particularly its impact on spinal and spinal cord blood flow during water immersion. This insight lays the groundwork for innovations like non-wet water massage devices, which could …

Online Disinhibited Contracts, Wayne R. Barnes

Faculty Scholarship

There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …

The Physical-Emotional Distinction In Tort, Philip Petrov

Faculty Scholarship

Several legal scholars have recently argued that U.S. tort law’s physical-emotional distinction commits tort to the objectionable position of mind-body dualism, but they have not considered the distinction’s role as an aid to judicial cognition and decision-making. Drawing primarily on the law of negligent infliction of emotional distress, this essay argues that tort’s physical-emotional distinction is not a relic of mind-body dualism but a heuristic that judges have used to structure and simplify the difficult but unavoidable task of drawing lines between legally cognizable and non-cognizable harm. The analysis has at least three normative implications: (1) users of tort’s physical-emotional …

The Crusade For The Holy Grail Of Competitive Balance, Mislav Mataija, Petros C. Mavroidis

Faculty Scholarship

The specificity of sport is a concept acknowledged on both sides of the Atlantic. In the US it is linked to a (limited) exception from antitrust laws. In Europe, the application of the rules on free movement of persons, services, and workers, as well as antitrust, has left some room for it. But whereas the US has gone full steam ahead to regulate competitive balance, Europe has not. In this contribution, inspired by the work of Steve Weatherill and others, we ask the question whether the observed differentiated approach is justified because of the nature of competition on the two …

Sports Participation By Athletes With Cardiovascular Disease, Matthew W. Martinez, Michael J. Ackerman, George J. Annas, Aaron L. Baggish, Sharlene M. Day, Kimberly G. Harmon, Jonathan H. Kim, Benjamin D. Levine, Margot Putukian, Rachel Lampert

Faculty Scholarship

Millions of young people participate in competitive sports, with well-documented physical and psychological benefits.1 Athletes may be diagnosed with cardiovascular disease (CVD) during evaluation of symptoms, routine preparticipation screening, or clinically indicated family screening. When this occurs, decisions about return-to-play (RTP) are difficult, especially in circumstances when risk may exist or be unknown. Historically, expert consensus documents such as the Bethesda Conference Proceedings,2 provided a “yes/no” approach to RTP after a diagnosis of a CVD such as hypertrophic cardiomyopathy (HCM) or long QT syndrome (LQTS). These recommendations were made with a paucity of data, and were predicated on a zero-risk …

The Case For Scientific Jury Experiments, Bernard Chao, Christopher Robertson, David Yokum

Faculty Scholarship

For decades, litigators have relied on focus groups. While this approach can help identify issues for further exploration, attorneys often use focus groups to shape trial strategy or even predict outcomes. But focus groups are ill-suited for these applications because they suffer from three basic weaknesses: 1) they cannot explore unconscious decision-making; 2) they use too few mock jurors to provide reliable answers, and 3) they can become echo chambers that only surface a subset of the issues that an actual jury will consider.

Fortunately, recent technical advances in crowdsourcing and insights into human decision-making have opened the door to …

“So, Do Not Fear”: Religion And The Prevalence, Persistence, And Severity Of Anxiety Disorders Among Black Americans, Ann W. Nguyen, Nichole Cobb, Kedong Ding

Faculty Scholarship

Background: There is a dearth of scholarship that explicates the effects of religious participation on anxiety disorders among Black Americans. A better understanding of the links between religious participation, a coping resource, and anxiety disorders among Black Americans remains essential, given Black Americans are less likely than their white counterparts to seek professional treatment for mental health problems, leading to greater unmet mental health needs. The aim of this study was to investigate whether religious participation is associated with the prevalence, persistence, and severity of anxiety disorders among Black adults. Methods: We used a national sample of Black adults (N …

Risk For Diagnosis Or Treatment Of Mood Or Anxiety Disorders In Adults After Sars-Cov-2 Infection, 2020–2022, Christina X. Wang, Rhea Kohli, Veronica R. Olaker, Pauline Terebuh, Rong Xu, David C. Kaelber, Pamela B. Davis

Faculty Scholarship

COVID-19 is associated with increased risks for mood or anxiety disorders, but it remains uncertain how the association evolves over time or which patient groups are most affected. We conducted a retrospective cohort study using a nationwide database of electronic health records to determine the risk of depressive or anxiety disorder diagnoses after SARS-CoV-2 infection by 3-month blocks from January 2020 to April 2022. The study population comprised 822,756 patients (51.8% female; mean age 42.8 years) with COVID-19 and 2,034,353 patients with other respiratory tract infections (RTIs) (53.5% female, mean age 30.6 years). First time diagnoses of depressive or anxiety …

Life In A Fishbowl: Space And Environmental Enrichment Affect Behaviour Of Betta Splendens, Ronald G. Oldfield, Emily K. Murphy

Faculty Scholarship

The public has expressed growing concern for the well-being of fishes, including popular pet species such as the Siamese fighting fish (Betta splendens). In captivity, male Bettas behave aggressively, often causing injuries and death if housed together. As a result, they are typically isolated in small fishbowls, which has been widely criticised as cruel. To investigate the impact of keeping Bettas in these conditions, we recorded the behaviour of individual males in containers of different sizes that were either bare or enriched with gravel, large rocks, and live plants. When male Bettas were housed individually in small bowls (0.5 L) …

Illuminating The Landscape Of Sibling Relationship Quality: An Evidence And Gap Map, Megan R. Holmes, Anna E. Bender, Kari A. O'Donnell, Emily K. Miller, Ivan T. Conard

Faculty Scholarship

This paper used an evidence and gap map (EGM) to advance the scientific understanding of sibling relationship quality among children aged 2 to 18 years by synthesizing literature on 277 empirical studies from 1985 to 2022 to delineate patterns of study design, sampling, and measurement. Most existing research has utilized majority of White, middle-to-upper class, and/or two-caregiver family samples. Nearly 85% (n = 235) of studies used quantitative methods to measure sibling relationship quality across eight domains: conflict, warmth/affection, quality, cohesion, hostility, power/control, positive engagement, and conflict management. A total of 122 studies used a measure of sibling relationship quality …

Lived Experiences: Growing Up With A Seriously Mentally Ill Parent, Deborah Lindell, Elliane Irani

Faculty Scholarship

Introduction: Individuals with serious mental illness often have persistent and disruptive symptoms. These can profoundly affect their children's lives, exposing them to adverse social and psychological conditions. Such conditions can result in traumatic lived experiences during childhood, which can carry over into adulthood, influencing their self-perceptions and shaping their attitudes toward themselves and society. To gain insights into this phenomenon, this study explored the lived experiences of adults who grew up with a parent with serious mental illness and their perceptions of their lives in adulthood. Design: This study used an interpretive phenomenological design. Methods: Participants were invited to voluntarily …

Dystopian Dreams, Utopian Nightmares: Ai And The Permanence Of Racism, Chaz Arnett

Faculty Scholarship

This Essay draws connections between Octavia Butler’s Parable series (Parable of the Sower and Parable of the Talents), HBO’s Westworld, and Derrick Bell’s Faces at the Bottom of the Well: The Permanence of Racism to highlight how the reconfiguration and transmutation of race through technological change is facilitated by corresponding shifts in legal doctrine, theory, policy, and practice. It takes the overlapping threads from these three sources, which struggle with the idea of change within larger systems of unavoidable, repetitive destruction, and ties them to the law’s role in helping to shield race through the storms of change …

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 …

Enhancing Proprioception And Regulating Cognitive Load In Neurodiverse Populations Through Biometric Monitoring With Wearable Technologies, James Hutson, Piper Hutson

Faculty Scholarship

This paper considers the realm of wearable technologies and their prospective applications for individuals with neurodivergent conditions, specifically Autism Spectrum Disorders (ASDs). The study undertakes a multifaceted analysis that encompasses biomarker sensing technologies, AI-driven biofeedback mechanisms, and haptic devices, focusing on their implications for enhancing proprioception and social interaction among neurodivergent populations. While wearables offer a range of opportunities for societal advancement, a discernable gap remains: a scarcity of consumer-oriented applications tailored to the unique physiological and psychological needs of these individuals. Key takeaways underscore the emergent promise of tailored auditory stimuli in workplace dynamics and the efficacy of haptic …

First Amendment Fetishism, John M. Kang

Faculty Scholarship

The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech:

• a rageful repetition of the F-word uttered by a teacher before children in a school auditorium

• a White skinhead’s cross burning on the front lawn of a Black family’s house

• the public burning of the American flag by an avowed Communist who hated the United States and who cared nothing for the emotional pain …

Empowering Neurodivergence: The Role Of Positive Language In Challenging Systemic Ableism, Piper Hutson, James Hutson

Faculty Scholarship

This review article examines the power of language in shaping perceptions of neurodivergent individuals and the systemic ableism embedded in society. The analysis begins by exploring the historical development of terms like "disabled" and their impact on societal attitudes, focusing on how deficit-based language reinforces exclusion. By contrasting this with strength-based and inclusive language, the article advocates for a shift toward reframing disability in terms of social constructs and accessibility, rather than inherent limitations. Drawing on neuroscientific research, it demonstrates how language shapes neural pathways, reinforcing either stigma or empowerment. The review further critiques euphemisms like "differently abled" for minimizing …

Tyrannical Hoas And How To Reign In Their Foreclosure Power And Further Protect Homeowners, Juliette Koves

Faculty Scholarship

No abstract provided.

Desettling Fixation, Emily T. Behzadi Cárdenas

Faculty Scholarship

Scholars have long contemplated how the effects of colonialism have permeated even race “neutral” laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has entrenched an unequal hierarchy among communities seeking copyright protection. Due to its ephemeral nature, intangible cultural heritage constantly faces the threat of exploitation by dominant cultures. The intangible heritage of indigenous groups has been particularly vulnerable to illicit and uncompensated commodification. Intangible heritage, such as oral histories and traditional dances, is …