Digital Commons Network^™

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 …

Persistent Identifiers And The Next Generation Of Legal Scholarship, Aaron Retteen, Malikah Hall-Retteen

Faculty Scholarship

This article discusses the importance of the most common persistent identifiers in scholarly communications—the digital object identifier and the ORCID identifier—to legal scholarship. Persistent identifiers help preserve and disseminate academic content and data-driven services that leverage this information standard are now integrated into the publication process. Because legal publishers have not widely adopted persistent identifiers, the legal discipline cannot enjoy the benefits offered by this system. This article looks at barriers to implementing persistent identifiers among legal publishers and provides an anecdotal example of creating a sustainable workflow between the law library and student-run law journals.

The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters

Faculty Scholarship

The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government’s capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing—administrative agencies—and they devalue what they cannot easily observe. The “submerged” nature of the administrative state is, we argue, a central reason for declining trust in government.

This Article shows that the administrative state is systematically submerged in two ways. First, administrative …

Constitutional Rights And Remedial Consistency, Katherine Mims Crocker

Faculty Scholarship

When the Supreme Court declined definitively to block Texas’s S.B. 8, which effectively eliminated pre-enforcement federal remedies for what was then a plainly unconstitutional restriction on abortion rights, a prominent criticism was that the majority would have never tolerated the similar treatment of preferred legal protections—like gun rights. This refrain reemerged when California enacted a copycat regime for firearms regulation. This theme sounds in the deep-rooted idea that judge-made law should adhere to generality and neutrality values requiring doctrines to derive justification from controlling a meaningful class of cases ascertained by objective legal criteria.

This Article is about consistency, and …

Averting Plausibility Pleading’S Threats To Novel Fha Legal Claims, Tanya Pierce, Aric Short

Faculty Scholarship

Plausibility pleading requirements articulated by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal continue to confound even well-intentioned courts. But for courts inclined to avoid grappling with modern applications of existing law, they provide ideal camouflage: a way of relying on procedural justifications to ostensibly side-step substantive law decisions—while in effect creating de facto law that robs litigants of their day in court. These negative, unintended consequences of Twombly and Iqbal are vividly illustrated in recent federal litigation brought under the Fair Housing Act involving claims of landlord liability for tenant-on-tenant harassment.

This Article …

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 Rise, Fall, And Rise Of Cyber Civil Libertarianism, Hannah Bloch-Wehba

Faculty Scholarship

Using sexual speech as its focal point, this essay explores the ambiguous legacy of cyber civil liberties and the ascent of alternative paradigms for digital freedom. From its inception, cyberlaw was characterized by a moral panic over sexual speech, pornography, and the protection of children familiar to First Amendment scholars. Important civil libertarian victories recognized that sexual speech and pornography were constitutionally protected from state intervention. The civil libertarian paradigm saw government regulation as the primary threat to free speech online, the marketplace as the more appropriate mechanism for regulating expression, and courts as the rightful arbiters of these disputes. …

California And Europe Require Scope 3 Climate Disclosures Despite Sec Retreat, Michael B. Gerrard

Faculty Scholarship

In March 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed regulations on disclosure of climate-related information by public companies, including their material Scope 3 greenhouse gas (GHG) emissions. This created a firestorm, drawing more than 24,000 comment letters.On March 6, 2024, the SEC issued its final rule, significantly narrowing the requirements and, notably, eliminating the Scope 3 disclosures. Companies that do not want to make Scope 3 disclosures should not rejoice and environmental advocates and others who do want to see such disclosures should not despair, because new requirements from both California and Europe do mandate this information …

Bail At The Founding, Kellen R. Funk, Sandra G. Mayson

Faculty Scholarship

How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on the meaning of bail-related constitutional provisions. To date, however, there has been no thorough account of bail at the Founding. This Article begins to correct the deficit in our collective memory by describing bail law and practice in the Founding era, from approximately 1790 to 1810. In order to give a full account, we surveyed a wide range of materials, including Founding-era statutes, case law, legal treatises, and …

Ethical Imperatives And Challenges: Review Of The Use Of Machine Learning For Predictive Analytics In Higher Education, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

The escalating integration of machine learning (ML) in higher education necessitates a critical examination of its ethical implications. This article conducts a comprehensive review of the application of ML for predictive analytics within higher education institutions (HEIs), emphasizing the technology's potential to enhance student outcomes and operational efficiency. The study identifies significant ethical concerns, such as data privacy, informed consent, transparency, and accountability, that arise from the use of ML. Through a detailed analysis of current practices, this review underscores the need for HEIs to develop robust ethical frameworks and technological infrastructures to navigate these challenges effectively. The findings reveal …

The Post-Pandemic Job Market For Academic Librarians In The Southeast United States, Louise Lowe, J.B. Hill, Jenna Eastwood Hill, Claresta Icasia

Faculty Scholarship

This study examines the state of the post-pandemic academic library job market in the Southeastern region of the United States. This analysis of academic librarian job advertisements collected from 2022 and 2023 reveals that while some new jobs have emerged there is a continued demand for traditional roles, prior work experience and the ALA-accredited master’s degree. Diversity, equity, and inclusion are prominent in job advertisements despite some regional political opposition. Remote work options are limited, signaling a nuanced approach to work modality post-pandemic.

A New Approach To Patent Reform, Janet Freilich, Michael J. Meurer, Mark Schankerman, Florian Schuett

Faculty Scholarship

Scholars and policy makers have tried for years to solve the tenacious and harmful crisis of low quality, erroneously granted patents. Far from resolving the problem, these determined efforts have resulted in hundreds of conflicting policy proposals, failed Congressional bills, and no way to evaluate the policies’ value or impact or to decide between the overwhelming multiplicity of policies.

This Article provides not only new solutions, but a new approach for designing and assessing policies both in patent law and legal systems more generally. We introduce a formal economic model of the patent system that differs from existing scholarship because …

The Anti-Innovation Supreme Court: Major Questions, Delegation, Chevron And More, Jack M. Beermann

Faculty Scholarship

The Supreme Court of the United States has generally been a very aggressive enforcer of legal limitations on governmental power. In various periods in its history, the Court has gone far beyond enforcing clearly expressed and easily ascertainable constitutional and statutory provisions and has suppressed innovation by the other branches that do not necessarily transgress widely held social norms. Novel assertions of legislative power, novel interpretations of federal statutes, statutes that are in tension with well-established common law rules and state laws adopted by only a few states are suspect simply because they are novel or rub up against tradition. …

Getting Merger Guidelines Right, Keith N. Hylton

Faculty Scholarship

This paper is on the new Merger Guidelines. It makes several arguments. First, that the Guidelines should be understood as existing in a political equilibrium. Second, that the new structural presumption of the Merger Guidelines (HHI = 1,800) is too strict, and that an economically reasonable revision in the structural presumption would have increased rather than decreased the threshold. Whereas the new Guidelines lowers the threshold to HHI 1,800 from HHI 2,500, an economically reasonable revision would have increased the threshold to HHI 3,200. I justify this argument using a bare-bones model of Cournot competition. Third, it seems unlikely, …

Marketing, Other Intangibles, And Output Growth In 61 United States Industries, Leo Sveikauskas, Rachel Soloveichik, Corby Garner, Peter B. Meyer, James Bessen, Matthew Russell

Faculty Scholarship

Experts in the System of National Accounts (SNA) recently considered whether marketing could be included as a capital asset in the national accounts and later recommended that marketing should be an intangible in the 2025 SNA (IMF, 2022, 2023). This paper prepares macroeconomic measures of the United States marketing stock and develops similar measures within 61 industries. We find that, from 1987 to 2020, marketing capital contributed approximately as much to output growth (0.18 percentage point per year) as R&D (0.15) or software (0.19) did. Software grew more rapidly, but marketing had a larger factor share. Marketing contributes even more …

Government Misinformation Platforms, Janet Freilich

Faculty Scholarship

There is a harmful mismatch between how information published by the government is perceived-as highly trustworthy-and the reality that it is often not. This Article shows that the government frequently collects information from third party private entities and publishes it with no review or vetting. Although this information is riddled with errors and inaccuracies, scholars, policymakers, and the public treat the information with unwarranted confidence because it derives from the government. Further, institutional imprimatur (and consequent trust) attaches to information even tangentially associated with the government and to information where the government explicitly disclaims review.

This Article highlights the ubiquity …

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 …

Distinguishing Family Poverty From Child Neglect, Joshua Gupta-Kagan

Faculty Scholarship

Family courts and child protective services (“CPS”) agencies surveil, regulate, and separate hundreds of thousands of families for neglect annually. These families are overwhelmingly poor, and the history of this legal system reveals an expectation, if not an intention, to intervene in poor families. This raises the question whether family courts and CPS agencies are “confusing poverty and neglect” or if they intervene for more than “just poverty,” as a raging debate in the field is framed.

The law fails to help resolve this debate. Instead of distinguishing poverty from neglect, or providing nuanced examinations of what social science has …

The Efficacy Of High-Fidelity Simulation On Knowledge And Performance In Undergraduate Nursing Students: An Umbrella Review Of Systematic Reviews And Meta-Analysis, Celeste Marie Alfes

Faculty Scholarship

Objectives: This umbrella review aimed to consolidate the evidence base on the impact of high-fidelity simulation on knowledge and performance among undergraduate nursing students. Design: Umbrella review with meta-analyses of pooled effect sizes, followed by an additional meta-analysis of primary studies from the included systematic reviews, excluding overlapping results. Data sources: Systematic searches were performed up to August 2023 in PubMed, Embase, and Cochrane Library. We included reviews that compared high-fidelity simulation against other learning strategies. Review methods: The risk of bias was assessed for each included systematic review (ROBIS tool) and primary study (RoB 2 or ROBINS-I as appropriate). …

Reply To: On The Statistical Foundation Of A Recent Single Molecule Fret Benchmark, Dorothy A. Erie, Lydia Kisley, Dushani Dunukara

Faculty Scholarship

In their ‘Matters Arising’ manuscript, Saurabh et al. discuss two issues related to single-molecule Förster resonance energy transfer (smFRET) experiments: the use of the Gaussian noise approximation and spectral crosstalk. Their arguments are based on simulations obtained with parameters that differ significantly from the typical conditions measured experimentally, and, thus, from the regime included in the original study (Götz et al.1). In addition, they make claims about our multi-lab blind study that we would like to rectify. In Table 1, we provide a list of specific statements made by Saurabh et al. with our respective explanations.

Self-Reported Determinants Of Covid-19 Vaccine Acceptance Among Persons With And Without Autoimmune Disease, Jenny D. Gong, Maya Mattar, Donald D. Anthony, Adam T. Perzynski, Nora G. Singer

Faculty Scholarship

Objective: Patients with autoimmune disease (AD) are at increased risk for complications from COVID-19 infection, so, optimizing vaccine utilization in this population is of particular importance. We compared COVID-19 vaccination perspectives among persons with and without AD. Methods: 471 patients in the MetroHealth System and Cleveland Veteran Affairs Medical Center completed a 38-item questionnaire between August 2021 and February 2022. This survey containing questions regarding COVID-19 vaccine perceptions and demographics was administered both to unvaccinated individuals and individuals who delayed vaccination for at least 2 months. Multivariable ordinary least squares regression models were created to assess factors associated with vaccination …

Bridging The Digital Divide: Innovative Uses Of Qr Codes And Nfc In The Artistic Realm, Piper Hutson, James Hutson

Faculty Scholarship

In the rapidly evolving digital age, artists and creatives are increasingly leveraging QR codes and Near Field Communication (NFC) technologies to redefine the boundaries between the physical and digital worlds. This article explores the diverse and inventive applications of QR codes and NFC in art installations, augmented reality experiences, interactive storytelling, performance art, and marketing campaigns. By incorporating these technologies, artists may create interactive, immersive, and personalized experiences which engage audiences in novel ways. Additionally, the article delves into the technological advancements enabling these innovative applications, including location-based personalization, machine learning, augmented reality, and the seamless interactions facilitated by NFC …

Association Of School Instructional Mode With Community Covid-19 Incidence During August–December 2020 In Cuyahoga County, Ohio, Pauline D. Terebuh, Jeffrey M. Albert, Jacqueline W. Curtis, Kurt C. Stange, Jill E. Miracle, Wail Yar, Prakash R. Ganesh, Heidi L. Gullett, Johnie Rose

Faculty Scholarship

Remote and hybrid modes of instruction were employed as alternatives to in-person instruction as part of early mitigation efforts in response to the COVID-19 pandemic. We investigated the impact of a public school district’s instructional mode on cumulative incidence and transmission in the surrounding community by employing a generalized estimating equations approach to estimate the association with weekly COVID-19 case counts by zip code in Cuyahoga County, Ohio, from August to December 2020. Remote instruction only (RI) was employed by 7 of 20 school districts; 13 used some non-remote instruction (NRI) (2–15 weeks). Weekly incidence increased in all zip codes …

Continuous Glucose Monitoring For Glycaemic Control And Cardiovascular Risk Reduction In Patients With Type 2 Diabetes Not On Insulin Therapy: A Clinical Trial, Joseph Reed, Tony Dong, Sanjay Rajagopalan, Ian J. Neeland

Faculty Scholarship

Aim: To evaluate the impact of the Dexcom G6 continuous glucose monitoring (CGM) device on glycaemic control and cardiometabolic risk in patients with type 2 diabetes mellitus (T2DM) at high cardiovascular risk who are not on insulin therapy. Materials and Methods: Adults with T2DM with glycated haemoglobin (HbA1c) >7% and body mass index (BMI) ≥30 kg/m2 not using insulin were enrolled in a two-phase cross-over study. In phase 1, CGM data were blinded, and participants performed standard glucose self-monitoring. In phase 2, the CGM data were unblinded, and CGM, demographic and cardiovascular risk factor data were collected through 90 days …

A Synergistic Approach To Outreach And Teaching: Combining Service Learning At The College Level With A Summer Hands-On Outreach Program In Chemical And Biomolecular Engineering For High School Girls, Geeta Verma, Sogol Asaei, Jacob D. Hostert, Rebecca Ahn, Julie N. Renner

Faculty Scholarship

A synergetic approach to combine service learning at the university level with a high school outreach program is described. A holistic view is presented by discussing the importance of outreach and service learning, survey results, and outcomes. Overall, it was found that the unique program increased the self-efficacy (belief about one’s abilities) of students ranging from high school to graduate level, and positively impacted the social responsibility attitudes of university student participants.

Amplon: Amplifying Dna With Multiarm Priming And Looping Optimization Of Nucleic Acid, Mert Tunca Doganay, Ethan Roman, Andrea M. Hujer, Robert A. Bonomo, Mohamed S. Draz

Faculty Scholarship

Nucleic acid amplification, the bedrock of biotechnology and molecular diagnostics, surges in applications—especially isothermal approaches—heightening the demand for advanced and precisely engineered methods. Here, a novel approach for amplifying DNA with multiarm priming and looping optimization of nucleic acid (AMPLON) is presented. AMPLON relies on a novel polymeric material with unique set of multiarm polyethylene glycol–DNA primers for efficient DNA amplification under isothermal conditions. Each arm carries single-stranded DNA complementing the sense or antisense sequence of the target DNA. The amplification reaction begins with antisense arms binding to the target DNA, forming a template for sense-carrying arms to direct multiarm …

Barriers To Dental Utilization Among Medicaid-Enrolled Young Children From Primary Care Practices In Northeast Ohio, David Selvaraj, Neel Agarwal, Jeffrey M. Albert, Suchitra Nelson

Faculty Scholarship

Objectives: To evaluate the individual and community factors that contribute to dental utilization among young children on Medicaid utilizing the Anderson Model and the Socio-Ecological Framework. Methods: This observational cross-sectional study was conducted using baseline data (socio-demographics, clinical dental need) from a cluster-randomized hybrid effectiveness-implementation trial among 1021 child–parent dyads recruited from primary care practices across northeast Ohio. The baseline data were then linked to dental Medicaid claims data (categorized as any dental visit, volume, and type in the past 12 months) and ICD-10 codes from the child's EHR data (individual-level) together with Dental Health Provider Shortage Area (HPSA) status …

A Distinct Radial Acceleration Relation Across The Brightest Cluster Galaxies And Galaxy Clusters, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

Recent studies reveal a radial acceleration relation (RAR) in galaxies, which illustrates a tight empirical correlation connecting the observational acceleration and the baryonic acceleration with a characteristic acceleration scale. However, a distinct RAR has been revealed on brightest cluster galaxy (BCG) cluster scales with a seventeen-times-larger acceleration scale due to the gravitational lensing effect. In this work, we systematically explore the acceleration and mass correlations between dynamical and baryonic components in 50 BCGs. To investigate the dynamical RAR in BCGs, we derived their dynamical accelerations from the stellar kinematics using the Jeans equation through Abel inversion and adopted the baryonic …

Auditory Feedback Decreases Timing Variability For Discontinuous And Continuous Motor Tasks In Autistic Adults, Nicole M. Richard Williams, Luc Tremblay, Corene Hurt-Thaut, Jessica Brian, Julia Kowaleski, Kathrin Mertel, Sebastian Schlüter, Michael Thaut

Faculty Scholarship

Introduction: Autistic individuals demonstrate greater variability and timing error in their motor performance than neurotypical individuals, likely due at least in part to atypical cerebellar characteristics and connectivity. These motor difficulties may differentially affect discrete as opposed to continuous movements in autistic individuals. Augmented auditory feedback has the potential to aid motor timing and variability due to intact auditory-motor pathways in autism and high sensitivity in autistic individuals to auditory stimuli. Methods: This experiment investigated whether there were differences in timing accuracy and variability in autistic adults as a function of task (discontinuous vs. continuous movements) and condition (augmented auditory …

Common Questions And Misconceptions About Protein Supplementation: What Does The Scientific Evidence Really Show?, Jose Antonio, Cassandra Evans, Arny A. Ferrando, Jeffrey R. Stout, Brandi Antonio, Harry P. Cintineo, Patrick Harty, Shwn M. Arent, Darren G. Candow, Scott C. Forbes, Chad M. Kerksick, Flavia Pereira, Drew Gonzalez, Richard B. Kreider

Faculty Scholarship

Protein supplementation often refers to increasing the intake of this particular macronutrient through dietary supplements in the form of powders, ready-to-drink shakes, and bars. The primary purpose of protein supplementation is to augment dietary protein intake, aiding individuals in meeting their protein requirements, especially when it may be challenging to do so through regular food (i.e. chicken, beef, fish, pork, etc.) sources alone. A large body of evidence shows that protein has an important role in exercising and sedentary individuals. A PubMed search of “protein and exercise performance” reveals thousands of publications. Despite the considerable volume of evidence, it is …