Digital Commons Network^™

Enhancing Institutional Assessment And Reporting Through Conversational Technologies: Exploring The Potential Of Ai-Powered Tools And Natural Language Processing, James Hutson, Daniel Plate

Faculty Scholarship

This study explores the potential of conversational technologies, AI-powered tools, and natural language processing (NLP) in enhancing institutional assessment and reporting processes in higher education. The traditional approach to assessment often involves labor-intensive manual analysis of extensive data and documents, which burdens institutions. To address these challenges, AI-powered tools, such as ChatGPT, LangChain, Poe, Claude, and others, along with NLP techniques, are investigated in relationship to their ability to improve institutional assessment practices and output. By leveraging these advanced technologies, assessment officers and institutional effectiveness, researchers can engage in dynamic conversations with data, transforming spreadsheets and documents from static artifacts …

150th Anniversary Gala Dean Address, Angela Onwuachi-Willig

Faculty Scholarship

One hundred fifty years ago tomorrow, eighteen professors and approximately sixty students held the first day of classes at what was then called Boston School of Law. It was 1872. The Civil War had ended less than a decade before. The telephone had not been invented yet. It was a remarkably different time in our nation’s history.

Our law school’s rather humble beginnings did not portend the impressive legacy that it would build over the next 150 years. At the time, the school consisted of only one small lecture hall and an adjacent room for the dean—tight quarters for a …

Diverse Patients’ Attitudes Towards Artificial Intelligence (Ai) In Diagnosis, Christopher Robertson, Andrew Woods, Kelly Bergstrand, Jessica Findley, Cayley Balser, Marvin J. Slepian

Faculty Scholarship

Artificial intelligence (AI) has the potential to improve diagnostic accuracy. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly distrusting. We sought to determine how diverse patient populations feel about the use of AI diagnostic tools, and whether framing and informing the choice affects uptake. To construct and pretest our materials, we conducted structured interviews with a diverse set of actual patients. We then conducted a pre-registered (osf.io/9y26x), randomized, blinded survey experiment in factorial design. A survey firm provided n = 2675 responses, oversampling minoritized populations. Clinical vignettes were randomly manipulated in eight …

The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo

Faculty Scholarship

This Article shows how consumer law, a field “derided as the law of small problems,”⁴ is more accurately viewed as important for addressing large-scale societal threats. It also offers a more integrated conceptual and institutional approach to consumer law so that the field can have a better chance of fulfilling its societal potential.

Part I of this Article outlines the importance of consumer law. It maps consumer law’s connections to some of the most pressing societal threats: climate change, public health, inequality, and disinformation. Part II focuses on consumer law’s place in the legal academy and government. Currently, important …

Patents' New Salience, Janet Freilich

Faculty Scholarship

The vast majority of patents do not matter. They are almost never enforced or licensed and, in consequence, are almost always ignored. This is a well-accepted feature of the patent system and has a tremendous impact on patent policy. In particular, while there are many aspects of patent law that are potentially troubling-including grants of unmerited patents, high transaction costs in obtaining necessary patent licenses, and patents' potential to block innovation and hinder economic growth-these problems may be insignificant in practice because patents are under-enforced and routinely infringed without consequence.

This Article argues that technological developments are greatly increasing the …

Gamestopped: How Robinhood’S Gamestop Trading Halt Reveals The Complexities Of Retail Investor Protection, Neal Newman

Faculty Scholarship

Should brokers have the unfettered right to restrict investor trading? GameStop, a brick-and-mortar video game retailer, had been experiencing declining revenues since 2016. However, GameStop saw its share price climb almost 1000 percent in the span of a one- week period from January 21, 2021 to January 27, 2021 due to retail investors buying significant amounts of GameStop shares during that period. Melvin Capital, a hedge fund, ended up losing billions as they were betting that GameStop shares would lose value instead of increase—a practice referred to as short selling. On January 28, 2021, brokers inexplicably halted trading on GameStop …

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.

“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani

Faculty Scholarship

Is affirmative action in university admissions about to end? As the United States Supreme Court prepares to decide lawsuits against Harvard and the University of North Carolina Chapel Hill (UNC), the outlook for race-conscious admissions policies is not good. Even before its recent rightward shift, the Court had long been hostile to such policies, and many observers think it will now overturn Grutter v. Bollinger and end them altogether. Such a ruling would be a painful and paradoxical twist for civil rights advocates. In a classic turn of Orwellian irony, the plaintiffs challenging affirmative action now call themselves Students for …

Grid Governance In The Energy-Trilemma Era: Remedying The Democracy Deficit, Daniel E. Walters, Andrew N. Kleit

Faculty Scholarship

Transforming the electric power grid is central to any viable scenario for addressing global climate change, but the process and politics of this transformation are complex. The desire to transform the grid creates an “energy trilemma” involving often conflicting desires for reliability, cost, and decarbonization; and, at least in the short run, it is difficult to avoid making tradeoffs between these different goals. It is somewhat shocking, then, that many crucial decisions about electric power service in the United States are made not by consumers or their utilities, nor by state public utilities commissions or federal regulators. Instead, for much …

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Faculty Scholarship

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

The Intersection Of Nfts And Structured Finance, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Blockchain technology, cryptocurrencies, stablecoins and non-fungible tokens (NFTs) continue to invade financial markets. Whether through partnerships between financial institutions and tech firms or through in-house initiatives at some of the nation’s largest banks, blockchain-based products, services, and transactional structures are a major point of interest. In a recent work by Professor Steven Schwarcz, the growing NFT market is analyzed using the traditional tools of structured finance. Creating a new conceptual model called non-cash-flow monetizations, Professor Schwarcz reveals the risks to investors and markets, if the tokenization of non-traditional and largely illiquid assets proliferates. Having identified the potential harms, he offers …

Even Lawyers Do Not Like Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Significance

Patterns Of Diagnostic Evaluation And Determinants Of Treatment In Older Patients With Non-Transfusion Dependent Myelodysplastic Syndromes, Sudipto Mukherjee, Weichuan Dong, Nicholas K. Schiltz, Kurt C. Stange, Jennifer Cullen, Aaron T. Gerds, Hetty E. Carraway, Abhay Singh, Anjali S. Advani, Siran M. Koroukian

Faculty Scholarship

Background: Older patients with myelodysplastic syndromes (MDS), particularly those with no or one cytopenia and no transfusion dependence, typically have an indolent course. Approximately, half of these receive the recommended diagnostic evaluation (DE) for MDS. We explored factors determining DE in these patients and its impact on subsequent treatment and outcomes. Patients and Methods: We used 2011-2014 Medicare data to identify patients ≥66 years of age diagnosed with MDS. We used Classification and Regression Tree (CART) analysis to identify combinations of factors associated with DE and its impact on subsequent treatment. Variables examined included demographics, comorbidities, nursing home status, and …

Reflections On The Use Of Patient Records: Privacy, Ethics, And Reparations In The History Of Psychiatry, Jonathan Sadowsky

Faculty Scholarship

One of the most common questions we get asked as historians of psychiatry is “do you have access to patient records?” Why are people so fascinated with the psychiatric patient record? Do people assume they are or should be available? Does access to the patient record actually tell us anything new about the history of psychiatry? And if we did have them, what can, or should we do with them? In the push to both decolonize and personalize the history of psychiatry, as well as make some kind of account or reparation for past mistakes, how can we proceed in …

The Problem Is The Court, Not The Constitution, Jonathan Feingold

Faculty Scholarship

“But first, we must believe.” So concludes The Antiracist Constitution, where Brandon Hasbrouck confronts an uneasy question: In the quest for racial justice, is the Constitution friend or foe? Even the casual observer knows that constitutional law is no friend to racial justice. In the nineteenth century, Plessy v. Ferguson blessed Jim Crow. In the twentieth century, Washington v. Davis insulated practices that reproduce Jim Crow. Now in the twenty-first century, pending affirmative action litigation invites the Supreme Court to outlaw efforts to remedy Jim Crow.

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Faculty Scholarship

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

The Role Of Primary Care In Improving Population Health, Kurt C. Stange

Faculty Scholarship

In widely quoted ecological analyses, primary care is associated with population health. Not only with population health, but with health equity, health care quality, and lower health care expenditure - a pretty good definition of value. Yet, there is a paradox about primary care. Despite these desirable population‐level attributes, at the disease level at which we typically measure, incentivize, and organize the work of health care, when assessed with one‐disease‐at‐a‐time quality measures, primary care does not perform as well as care focused on a single disease. What is going on here? In caring for patients’ individual diseases, primary care appears …

Evaluation Of Novel Beverage Formulations For Hydration Enhancement In Humans, Grant M. Tinsley, Madelin R. Siedler, Christian Rodriguez, Patrick Harty, Matthew T. Stratton, Sarah J. White, Dale S. Keith, Jacob J. Green, Jake R. Boykin, Abegale D. Williams, Brielle Dehaven, Alexandra Brojanac, Ethan Tinoco

Faculty Scholarship

This study evaluated the influence of novel beverage formulations on bioimpedance- and urine-based hydration markers. Thirty young healthy adults (n=16 females, n=14 males; age: 23.2±3.7 years; BMI: 24.3±3.3 kg/m2 ) participated in a randomized, double-blind, placebo-controlled, crossover study. Participants completed three conditions with baseline bioimpedance, urine, and body mass assessments, followed by ingestion of one liter of a test beverage over a 30-minute period. The three beverages were: active hydration formulation in still (AFstill) or sparkling (AFspark) water and a still water control. The active formulations were identical in concentrations of alpha-cyclodextrin and complexing agents. Following beverage ingestion, bioimpedance assessments …

Preoperative Frailty And Adverse Outcomes Following Coronary Artery Bypass Grafting Surgery In Us Veterans, Salil V. Deo, Yakov Elgudin

Faculty Scholarship

Background: Contemporary guidelines emphasize the value of incorporating frailty into clinical decision-making regarding revascularization strategies for coronary artery disease. Yet, there are limited data describing the association between frailty and longer-term mortality among coronary artery bypass grafting (CABG) patients. Methods: We conducted a retrospective cohort study (2016–2020, 40 VA medical centers) of US veterans nationwide that underwent coronary artery bypass grafting (CABG). Frailty was quantified by the Veterans Administration Frailty Index (VA-FI), which applies the cumulative deficit method to render a proportion of 30 pertinent diagnosis codes. Patients were classified as non-frail (VA-FI ≤ 0.1), pre-frail (0.1 < VA-FI ≤ 0.2), or frail (VA-FI > 0.2). We used …

Real-Time Mapping With Global Positioning Systems Devices In A Mixed Methods Toolkit For Studying Social And Environmental Change, Cynthia Twyford Fowler

Faculty Scholarship

To explore the process through which people develop knowledge about socioecological change, this article describes a mixed-methods toolkit containing a technique for making maps in real time while moving through landscapes. The quantitative component of the toolkit is grounded in ethnobiologists’ embeddedness in place-based communities and harnesses the power of global positioning systems (GPS). As GPS-wielding ethnobiologists engage in participatory mapping by moving through landscapes with their research collaborators, we can use handheld devices and simultaneously communicate with satellites in outer space to produce maps in real time. Within the existing, large inventory of ethnobiological methods, using handheld GPS devices …

Unmet Needs With Antipsychotic Treatment In Schizophrenia And Bipolar I Disorder: Patient Perspectives From Qualitative Focus Groups, Martha Sajatovic

Faculty Scholarship

Background: Schizophrenia (SZ) and bipolar I disorder (BD-I) are chronic mental health disorders often treated with antipsychotic medications. This qualitative study sought to better understand disease burden and treatment experiences with oral antipsychotic medications in participants living with SZ or BD-I. Methods: Six 90-min focus groups were conducted with participants diagnosed with SZ or BD-I. Trained moderators facilitated discussions using a semistructured guide. Participants described symptoms, impacts of disease, and experiences with oral antipsychotic medications, whether favourable or unfavourable. Results: Among participants with SZ (n = 15; 3 groups, 5 per group), 53% were male and 33% were white, with …

A Haptoglobin (Hp) Structural Variant Alters The Effect Of Apoe Alleles On Alzheimer's Disease, Haimeng Bai, Penelope Benchek, Asha R. Kallianpur, Jonathan L. Haines, William S. Bush

Faculty Scholarship

Background: Haptoglobin (HP) is an antioxidant of apolipoprotein E (APOE), and previous reports have shown HP binds with APOE and amyloid beta (Aβ) to aid its clearance. A common structural variant of the HP gene distinguishes it into two alleles: HP1 and HP2. Methods: HP genotypes were imputed in 29 cohorts from the Alzheimer's Disease Genetics Consortium (N = 20,512). Associations between the HP polymorphism and Alzheimer's disease (AD) risk and age of onset through APOE interactions were investigated using regression models. Results: The HP polymorphism significantly impacts AD risk in European-descent individuals (and in meta-analysis with African-descent individuals) by …

Poor Seizure Control Among Children Attending A Tertiary 8 Hospital In South Western Uganda – A Retrospective Study [Response To Letter], Martha Sajatovic

Faculty Scholarship

No abstract provided.

A Cross-Sectional Examination Of Wrist Wrap Use Prevalence And Characterization For Ergogenic Purposes In Actively Competing Powerlifters, Dillon Harris, Thomas Cardaci, Harry Cintineo, Richard Pham, Kristen Dunsmore, Leslee Funderburk, Steven Machek

Faculty Scholarship

Purpose: Wrist wraps are regularly incorporated by competitive powerlifters, but several product-specific variations may influence any potential ergogenic benefits. In addition, the prevalence of athletic wrist wrap use is hitherto undescribed.

Methods: Seventy actively competing powerlifters (n=70; 27±6y) who competed in the last two years were randomly recruited at sanctioned meets, whereby wrist wrap use descriptive data (wrap style [F or S], wrap length, and events used), wrap tightness (assessed via pulse oximeter-detected oxygen saturation (SpO2) and subjective discomfort [Borg CR10+]), as well as post-meet bench press one repetition maximum (1RM) were collected. Wrist wrap use prevalence data (wrap …

Factor In Fear: Interference Competition In Polymorphic Spadefoot Toad Tadpoles And Its Potential Role In Disruptive Selection, Ryan A. Martin

Faculty Scholarship

Disruptive selection arises when extreme phenotypes have a fitness advantage compared to more-intermediate phenotypes. Theory and evidence suggest that intraspecific resource competition is a key driver of disruptive selection. However, while competition can be indirect (exploitative) or direct (interference), the role of interference competition in disruptive selection has not been tested, and most models of disruptive selection assume exploitative competition. We experimentally investigated whether the type of competition affects the outcome of competitive interactions using a system where disruptive selection is common: Mexican spadefoot toads (Spea multiplicata). Spea tadpoles develop into alternative resource-use phenotypes: carnivores, which consume fairy shrimp and …

Exploring Niche Alteration In Nonprofit Organizations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

The organizational niche is a concept integral to organizational ecology, reflecting an organization’s mission, expertise, capacity, and resource requirements. The choice of niche is crucial to the viability of the organization; however, the reasons organizations alter their niche are poorly understood. We hypothesize that nonprofit organizations alter their niche to reduce environmental pressure and gain access to resources. The results indicate that niche alteration predicts increases in total revenue with average increases in revenue from program services and contributions (depending on the measure). Additionally, nonprofits that are younger, larger, and have more concentrated revenue, are more likely to alter their …

Cold Gas Disks In Main-Sequence Galaxies At Cosmic Noon: Low Turbulence, Flat Rotation Curves, And Disk-Halo Degeneracy, Stacy S. Mcgaugh

Faculty Scholarship

We study the dynamics of cold molecular gas in two main-sequence galaxies at cosmic noon (zC-488879 at z ≃ 1.47 and zC-400569 at z ≃ 2.24) using new high-resolution ALMA observations of multiple 12CO transitions. For zC-400569 we also reanalyze high-quality Hα data from the SINS/zC-SINF survey. We find that (1) both galaxies have regularly rotating CO disks and their rotation curves are flat out to ∼8 kpc contrary to previous results pointing to outer declines in the rotation speed Vrot; (2) the intrinsic velocity dispersions are low (σCO ≲ 15 km s-1 for CO and σHα ≲ 37 km …

Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann

Faculty Scholarship

In a prior article, see Jack Beermann & Gary Lawson, The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes, 16 FIU L. REV. 297 (2022), we argued that much of the 1877 Electoral Count Act unconstitutionally gave Congress a role in counting and certifying electoral votes. In 2022, Congress amended the statute to make it marginally more constitutional in some respects and significantly less constitutional in others. In response to a forthcoming article by Cass Sunstein defending the new Electoral Count …

Is Growth In Outstate Missouri Tied To Growth In The St. Louis And Kansas City Metro Areas?, Howard J. Wall

Faculty Scholarship

In a 2016 Show-Me Institute essay, Michael Podgursky and Nick Pretnar demonstrated the proportional importance to the state economy of Missouri’s two dominant metro areas.1 As they report, the St. Louis and Kansas City metro areas together account for well over half of Missouri’s economic output (64 percent of gross state product in 2013), indicating that the aggregate performance of the state economy is largely determined by the performance of the two metro areas’ economies. In this essay I take this idea a step further and examine whether there is more than simply a proportional relationship.

Specifically, I look at …