Digital Commons Network^™

Gamification In Education: A Study Of Design-Based Learning In Operationalizing A Game Studio For Serious Games, James Hutson, Ben Fulcher, Joe Weber

Faculty Scholarship

The gamification of learning has proven educational benefits, especially in secondary education. Studies confirm the successful engagement of students with improved time on task, motivation and learning outcomes. At the same time, there remains little research on games and learning at the postsecondary level of education where traditional pedagogies remain the norm. Studies that have been conducted remain almost exclusively restricted to science programs, including medicine and engineering. Moreover, postsecondary subject-matter experts who have created their own gamified experiences often are forced to do so on an ad hoc basis either on their own, teaching themselves game engines, or with …

Discredited Data, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly employing pretrial algorithms as a solution to the racial and socioeconomic inequities in the bail system. But in practice, pretrial algorithms have reproduced the very inequities they were intended to correct. Scholars have diagnosed this problem as the biased data problem: pretrial algorithms generate racially and socioeconomically biased predictions, because they are constructed and trained with biased data.
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/="/">This Article contends that biased data is not the sole cause of algorithmic discrimination. Another reason pretrial algorithms produce biased results is that they are exclusively built and trained with data from carceral knowledge sources – the …

Characterizing Legal Implications For The Use Of Transboundary Aquifers, Gabriel Eckstein

Faculty Scholarship

Groundwater resources that traverse political boundaries are becoming increasingly important sources of freshwater in international and intranational arenas worldwide. This is a direct extension of the growing need for new sources of freshwater, as well as the impact that excessive extraction, pollution, climate change, and other anthropogenic activities have had on surface waters. It is also a function of the growing realization that groundwater respects no political boundaries, and that aquifers traverse jurisdictional lines at all levels of political geography.

Due to this growing awareness, questions pertaining to responsibility and liability are now being raised in relation to the use, …

Do Not Put All Your Eggs In One Basket: Social Perspectives On Desalination And Water Recycling In Israel, Gretchen Sneegas, Lucas Seghezzo, Christian Brannstrom, Wendy Jepson, Gabriel Eckstein

Faculty Scholarship

Israel has set ambitious goals in terms of the widespread adoption of desalination and water recycling technologies. Policymakers in Israel consider these technologies as the key to improve urban water security but knowledge of stakeholder views on this policy approach is not well established. We deployed the Q-methodology, a qualitative–quantitative approach, to empirically determine social perspectives on desalination and water recycling across a wide range of stakeholders in the Israeli water sector. We identified the following four distinctive social perspectives: (1) desalination should be the option of last resort; (2) desalination is moving us to an infinite resource; (3) equating …

Running On Empty: Ford V. Montana And The Folly Of Minimum Contacts, James P. George

Faculty Scholarship

Jurisdictional contests are in disarray. Criticisms date back to the issuance of International Shoe Co. v. Washington but the breakdown may be best illustrated in two recent Supreme Court opinions, the first rejecting California’s “sliding scale” that mixes general and specific contacts, the second using the discredited sliding scale to hold Ford amenable in states where accidents occurred.

California’s sliding scale is one variety of the contacts-relatedness tests, used in lower courts to have general contacts bolster weaker specific contacts. Some states—Montana and Minnesota for example—use the opposite extreme requiring a causal connection in defendant’s forum contacts, often using foreseeability …

Virtual Reality And Learning: A Case Study Of Experiential Pedagogy In Art History, James Hutson, Trent Olsen

Faculty Scholarship

While images are central to the discipline of art history, surprisingly little research has been conducted on the uses of digital environments for teaching in the discipline. Over the past decade, more studies have emerged considering the egalitarian space that can be used by students and teachers in web-based applications and social media. A body of literature has begun to emerge out of a small network of scholars and educators interested in digital humanities and art history, providing examples of how new tools can be integrated into the standard slideshow and lecture format of the field. At the same time, …

Letting Offenders Choose Their Punishment?, Gilles Grolleau, Murat C. Mungan, Naoufel Mzoughi

Faculty Scholarship

Punishment menus allow offenders to choose the punishment to which they will be subjected from a set of options. We present several behaviorally informed rationales for why punishment menus may serve as effective deterrents, notably by causing people to refrain from entering a calculative mindset; reducing their psychological reactance; causing them to reconsider the reputational impacts of punishment; and reducing suspicions about whether the act is enforced for rent-seeking purposes. We argue that punishment menus can outperform the traditional single punishment if these effects can be harnessed properly. Our observations thus constitute a challenge, based on behavioral arguments, to the …

In The Name Of Energy Sovereignty, Guillermo J. Garcia Sanchez

Faculty Scholarship

Throughout history, the phrase "In the name of the King" justified actions that trumped the rights of citizens in order to safeguard the interests of the Crown. Today, in the name of energy sovereignty, states deploy the government apparatus to access oil and gas in other parts of the world, build pipelines on private lands, subsidize renewable energy, and nationalize their oil and power industries. States justify each of these actions by noting that they create a sense of energy independence, ensure security, or achieve other social and economic goals. Energy, however, cannot be trapped in one "realm." Its nature …

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

Balancing Rights And Responsibilities: The Role Of Government And Citizens In Combatting Gun Violence, Michael Ulrich

Faculty Scholarship

Congress passed the first federal legislation on firearms safety in decades at nearly the same moment that the Supreme Court issued its first major Second Amendment decision since 2008. It will take time to assess the effects of these actions on both gun safety and Second Amendment rights, but, with gun violence skyrocketing across the country, it is clear that finding a balance between rights and safety is desperately needed. The public is ill-equipped to protect itself against the broad harms of gun violence, so the government has a central role to play in addressing those harms and the racial …

Bridging The Computer Science – Law Divide, Azer Bestavros, Stacey Dogan, Paul Ohm, Andrew Sellars

Faculty Scholarship

Many pressing societal questions can be answered only by bringing experts from different disciplines together. Questions around misinformation and disinformation, platform power, surveillance capitalism, information privacy, and algorithmic bias, among many others, reside at the intersection of computer science and law. We need to develop institutions that bring together computer scientists and legal scholars to work together on issues like these, and to train new innovators, thought leaders, counselors, and policymakers with hybrid training in both disciplines. In Universities, the disciplines of Computer Science (CS) and Law are separated by many wide chasms. Differences in standards, language, methods, and culture …

Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu

Faculty Scholarship

In the year 1978, the 1976 Copyright Act had just entered into effect. Marshall Leaffer, whom this article will affectionately refer to by his first name, had just completed his duties as an attorney advisor at the U.S. Copyright Office. On his way to academia, he, like the fictional character Captain William “Buck” Rogers, was to experience cosmic forces beyond all comprehension. In a freak mishap, his car veered off a rarely used mountain road and was frozen by temperatures beyond imagination. He did not return to academia until more than forty years later. What will he discover upon his …

The Impact Of Obesity And Adipokines On Breast And Gynecologic Malignancies, Surabhi Tewari, Roberto Vargas, Ofer Reizes

Faculty Scholarship

The link between obesity and multiple disease comorbidities is well established. In 2003, Calle and colleagues presented the relationship between obesity and several cancer types, including breast, ovarian, and endometrial malignancies. Nearly, 20% of cancer-related deaths in females can be accounted for by obesity. Identifying obesity as a risk factor for cancer led to a focus on the role of fat-secreted cytokines, known as adipokines, on carcinogenesis and tumor progression. Early studies indicated that the adipokine leptin increases cell proliferation, invasion, and inhibition of apoptosis in multiple cancer types. As a greater appreciation of the obesity–cancer link has amassed, we …

Reproductive Biology Of Gazella Arabica: Predictors Of Offspring Weight And Short- And Long-Term Offspring Survival, Ryan A. Martin

Faculty Scholarship

Reproductive traits are central to organismal fitness, and so the factors influencing patterns of reproduction and offspring survival are at the heart of biology. Making use of breeding data collected over 16 years at the King Khalid Wildlife Research Centre in Saudi Arabia, we investigated the reproductive biology of Arabian gazelles Gazella arabica. Offspring survival was mainly a function of birth weight, with heavier offspring having higher survival rates than lighter offspring. However, while sons were heavier than daughters, daughters had higher survival rates. We could not find evidence that giving birth to sons negatively impacts offspring weight in the …

Proportioning Collection Space And Learning In An Academic Library: Collection Performance Indicators, Christopher Stewart, Louise Lowe

Faculty Scholarship

Assessment on university campuses increasingly emphasizes learning outcomes and student success. Academic librarians need to identify relationships between their collection spaces and the learning activities of the university in order to play a role in the environment of assessment. Measuring the propor- tions of discipline-oriented content of library collections and comparing those proportions to discipline-oriented learning activities produces collection performance indicators. Academic libraries can use collection performance indicators to assess how well their collection spaces correspond to student demand and student success using readily available metrics. Collection performance indicators answers a gap in library literature per- taining to relationships between …

Cognitive Functioning And Prevalence Of Seizures Among Older Persons In Uganda: A Hospital-Based, Cross-Sectional Study, Martha Sajatovic

Faculty Scholarship

There is limited data on the prevalence of seizures and dementia among older persons in Uganda. We evaluated cognitive functioning, and the prevalence and factors associated with seizures among older persons attending an outpatient medical clinic in Uganda. We randomly selected older adults (60 years and above) attending Kiruddu National Referral Hospital medical outpatient clinics between October 2020 and March 2021. We excluded individuals with a history of head injury, brain tumors, mental retardation, co-morbidity with HIV and patients who have had recent brain surgery. Cognitive functioning was assessed using the Identification for Dementia in Elderly Africans (IDEA) tool. We …

Public Carry Versus Public Health — The Harms To Come From The Supreme Court’S Decision In Bruen, Michael Ulrich

Faculty Scholarship

In June, the U.S. Supreme Court ruled in New York State Rifle & Pistol Association v. Bruen that the Second Amendment provides a constitutionally protected right to carry firearms in public. The decision is already creating turmoil in the form of political and public backlash and a scramble by policymakers to find new ways to combat the growing gun-violence epidemic in the United States. The majority opinion in Bruen, written by Justice Clarence Thomas, will have a devastating impact on efforts to mitigate gun violence and address racial disparities, but the reasoning used in the decision could cause even …

Are Rules Effective Before Publication? Reflections On The D.C. Circuit’S Decision In Humane Society V. Usda, Jack M. Beermann

Faculty Scholarship

Since at least 1980, there has been a documented increase in regulatory activity at the end of presidential terms, especially in the post-election period when the outgoing President’s successor is from the other party. This phenomenon has come to be known as “midnight regulation,” and the products of end-of-term legislative rulemaking are referred to as “midnight rules.” While a study I conducted for the Administrative Conference of the United States revealed that most midnight rules are routine,[1] some are not and are designed to project the agenda of the outgoing administration into the future and force the incoming administration …

Symptom Severity Mixity In Older-Age Bipolar Disorder: Analyses From The Global Aging And Geriatric Experiments In Bipolar Disorder Database (Gage-Bd), Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Some individuals with bipolar disorder (BD) experience manic and depressive symptoms concurrently, but data are limited on symptom mixity in older age bipolar disorder (OABD). Using the Global Aging & Geriatric Experiments in Bipolar Disorder Database, we characterized mixity in OABD and associations with everyday function. Methods: The sample (n = 805), from 12 international studies, included cases with both mania and depression severity ratings at a single timepoint. Four mixity groups were created: asymptomatic (A), mixed (Mix), depressed only (Dep), and manic only (Man). Generalized linear mixed models used mixity group as the predictor variable; cohort was included …

Competency-Based Social Work Education: 25 Years Of Innovation & Leadership, Zoë Breen Wood, Marjorie N. Edguer, David L. Hussey, Mark Chupp, Grover C. Gilmore, Paul M. Kubek

Faculty Scholarship

The white paper chronicles the 25-year history of one graduate school of social work’s efforts in competency-based curriculum innovation. The authors argue that curriculum change is organizational change and share their experiences with a variety of curriculum assessment, design, and delivery efforts. Beginning with the development of the first social work competencies (labeled Abilities), pioneering efforts in assessment and holistic curricular design and delivery are reviewed. A new, one-semester, social work generalist curriculum is introduced. Emphasis is placed on the importance of developing a competency-based curriculum that is integrated both horizontally and vertically and that engages the social work student …

The Role Of Law And Myth In Creating A Workplace That 'Looks Like America', Susan Bisom-Rapp

Faculty Scholarship

Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring employers to embrace efforts that work. Likewise, many employers and consultants fail to consider the organizational effects created by DEI and harassment programming. Willful ignorance prevents the admission that some policies and programming harm those most in need of protection.

This approach has resulted in two problems. One is a doctrinal dilemma because important presumptions embedded in antidiscrimination law …

Tech Work In St. Louis: Past, Present, And Future, Howard Wall

Faculty Scholarship

In Summary, the findings in this report confirm the necessity and urgency for improved data collection and advocacy for the St. Louis data economy. In order for the MSA to become a nationally recognized tech hub to attract and retain competitive tech talent, the St. Louis Metro will need to aggressively address the industry disparities in diverse representation, pay gaps, and occupational growth. Additional data collection and ongoing research will allow the region to report more comprehensively on these metrics, as well as expand into more targeted industry analyses like the Big 15 Emerging Technologies identified by TechSTL.

Colorblind Capture, Jonathan Feingold

Faculty Scholarship

We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.

The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …

Equivocal Originalism, Gary S. Lawson

Faculty Scholarship

"Originalism" is a term shrouded in ambiguity and ripe for equivocation. A recent article by Stephen Sachs in the Harvard Law Review tries to clarify the discussion by distinguishing between originalism as a decision standard, or a set of criteria for ascertaining the truth conditions for propositions, and a decision procedure, or a mechanism for ascertaining whether those truth conditions are satisfied in any given context. That is a helpful distinction, but it still leaves much room for multiple and confusing uses of the term originalism. Jumping off from comments on Professor Sachs's article by Mitchell Berman and Judge Andrew …

Green, Or Greed? A Fresh Perspective On The Valuation Of Conservation Easements, Alan L. Feld, Jacob Nielson, Theodore S. Sims

Faculty Scholarship

Charitable contributions of "conservation easements" have since 1980 allowed high-income taxpayers to shelter income from taxation through overvalued deductions. Overvaluation has increased dramatically in the past 20 years: a 2016 study of all easement decisions since 1980 reported that while overvaluation had averaged by a factor of two before 1994, it averaged by a factor of ten for decisions between 1994 and 2016. SOI data disclose that aggregate easement contributions deducted on Schedule A grew from $2.26 billion in 2015 to $6.5 billion in 2018 (the most recent year available). A recent report by supporters of conservation easements acknowledges that …

A Virtual Reality Educational Game For The Ethics Of Cultural Heritage Repatriation, James Hutson, Ben Fulcher

Faculty Scholarship

The technology of virtual reality and the gamification of education has had proven educational benefits and has the ability to immerse students in a participatory learning experience. To capitalize on the strengths of the new digital medium, including immersion, engagement, and presence, a new educational game aims to teach the ethics of cultural heritage repatriation through the lens of art history. The use of games to address current issues and conceptualize a framework for understanding the complexities of geopolitics is not new but aligning these considerations with the pressing need to protect cultural heritage as seen in modern-day Ukraine is. …

Comments On Preliminary Draft 8 [Black Letter And Comments], Jane C. Ginsburg

Faculty Scholarship

PD8 represents a great deal of labor, for which the Reporters deserve recognition. As detailed below, however, PD8’s occasional departures from or omissions of statutory text may not only be misleading or confusing, but – as has been the case with prior drafts – often have the result, if not the purpose, of whittling down the scope of copyright protection. In addition to identifying those instances and explaining their consequences, the following comments will suggest clarifications to some of the Comments and Illustrations.

A Planetary Imagination: Responses To Chakrabarty’S Socio-Natural Historiography, Editorial Introduction, Jeremy Bendik-Keymer

Faculty Scholarship

Dipesh Chakrabarty’s 2009 essay in Critical Inquiry, “The Climate of History: Four Theses” sent tremors through the environmentally aware humanities in the 2010s. Last year, he published the book that brought that essay forward into the present, The Climate of History in a Planetary Age. It’s no overstatement to think of this book as having clanged the bell for a new normal in the humanities and social sciences when it comes to telling the story of ourselves, that is, when it comes to human history. Responsible history should today be geological even when recounting the human record. Chakrabarty raised a …

The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman

Faculty Scholarship

It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …

Special Purpose Acquisition Companies (Spacs) And The Sec, Neal Newman, Lawrence J. Trautman

Faculty Scholarship

Special Purpose Acquisition Companies (SPACs) are simply enterprises that raise money from the public with the intention of purchasing an existing business and becoming publicly traded in the securities markets. If the SPAC is successful in raising money and the acquisition takes place, the target company takes the SPAC’s place on a stock exchange in a transaction that resembles a public offering. Also known as “blank-check” or “reverse merger” companies, this process avoids many of the pitfalls of a traditional initial public offering.

During late 2020 and 2021 an unprecedented surge in the popularity and issuance of Special Purpose Acquisition …