Digital Commons Network^™

Innovative Mechanisms For Marketing Health Insurance: An Experimental Field Test (Results From Colorado), Wendy Netter Epstein, Christopher Robertson, David Yokum, Hansoo Ko, Kevin Wilson

Faculty Scholarship

We hypothesize that marketing messages using a generosity framing have the potential to draw healthy persons into the insurance pool, thereby improving access and health outcomes and lowering premiums, but without removing choice or requiring substantial government action. The dependent variable for our field experiment is whether or not recipients of the marketing campaigns enroll in health insurance via the participating exchanges or in Medicaid.

Taking Revolution Seriously, Zohra Ahmed

Faculty Scholarship

Every so often, a prison strike will make national news, as it did in 2014, 2016, and 2018. ¹ The media will focus on the atrocious conditions of confinement; the unchecked violence; the wages numerated in pennies; and the state’s indifference to the strikers’ modest demands for food, medical care, and human contact.

Orisanmi Burton’s² book, Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt, urges us to process such reporting with a healthy dose of skepticism. What if prison rebellions were telling us something else, something even more important? What if they were …

Response To Petition For Rehearing En Banc, Felicia M. Sonmez V. Wp Company Llc Et Al, Madeline H. Meth, Brian Wolfman, Becca Steinberg, Regina Wong, Elizabeth Brownstein, Nathaniel Allen Deacon

Faculty Scholarship

Felicia Sonmez alleges that the Washington Post violated the D.C. Human Rights Act by banning her from covering certain stories because she is a woman and a sexual-assault survivor. Op. 2-3. After finding Sonmez’s detailed allegations plausible, a panel of this Court rejected as premature the Post’s First Amendment defense that its decision was driven not by discrimination but by a desire to maintain an appearance of objectivity. Op. 4. Because “what actually motivated the Post editors to impose the bans on Sonmez is a factual question,” the panel held, the Post’s First Amendment defense could not be resolved on …

Managing The Cost Of Services For People With Disabilities: International Approach. Part Ii: Ohio, United States, Dana Pugh, Jaroslaw Richard Romaniuk

Faculty Scholarship

Introduction: Four years of managing a housing network for people with disabilities prompted a rethinking of the financial management of the services offered. Clients with different needs require diverse professional staff for their home care. Emergency situations require that professionals offering assistance maintain the highest level of education possible. Financial resources often limit the quality of care for people with disabilities. Method: This paper is based on a literature search and on professional experience (Dana Pugh) in the management of a housing program for people with disabilities in Cleveland, Ohio (USA). Findings: In Poland, people with disabilities usually live with …

Memgb-Diff: Memory-Efficient Multivariate Gaussian Bias Diffusion Model For 3d Bias Field Correction, Shuo Li

Faculty Scholarship

Bias fields inevitably degrade MRI that seriously interferes the diagnosis of physicians for accurate analysis, and removing it is a crucial image analysis task. Generative models (such as GANs) are used for bias field correction, and outperform traditional methods, however are hindered by the high cost of data annotation and instability during training. Recently, the diffusion-based methods have excelled over GANs in many applications, and they are powerful in removing noise from images, while the bias field can be regarded as a smooth noise. However, it is a challenge to directly apply to 3D bias field correction due to sampling …

Stable Heteroclinic Channels As A Decision-Making Model: Overcoming Low Signal-To-Noise Ratio With Mutual Inhibition, Natasha A. Rouse

Faculty Scholarship

Bio-inspired robot controllers are becoming more complex as we strive to make them more robust to, and flexible in, noisy, real-world environments. A stable heteroclinic network (SHN) is a dynamical system that produces cyclical state transitions using noisy input. SHN-based robot controllers enable sensory input to be integrated at the phase-space level of the controller, thus simplifying sensor-integrated, robot control methods. In this work, we investigate the mechanism that drives branching state trajectories in SHNs. We liken the branching state trajectories to decision-splits imposed into the system, which opens the door for more sophisticated controls-all driven by sensory input. This …

Nerve Transfers For Median Nerve Injury, Corinne Wee

Faculty Scholarship

Due to its role in hand function, median nerve injuries can have a significant impact on patients’ lives. Nerve transfers can be performed alone or in conjunction with tendon transfers to restore critical functions supplied by the median nerve, with a particular emphasis on restoring grasp, pinch, and sensation. Continued study into possible nerve transfers for median nerve injury has led to multiple options that can be tailored to the patient's demands, deficits, and injury pattern.

Soft Robotic Brittle Star Shows The Influence Of Mass Distribution On Underwater Walking, Zach J. Patterson

Faculty Scholarship

Most walking organisms tend to have relatively light limbs and heavy bodies in order to facilitate rapid limb motion. However, the limbs of brittle stars (Class Ophiuroidea) are primarily comprised of dense skeletal elements, with potentially much higher mass and density compared to the body disk. To date, little is understood about how the relatively unique distribution of mass in these animals influences their locomotion. In this work, we use a brittle star inspired soft robot and computational modeling to examine how the distribution of mass and density in brittle stars affects their movement. The soft robot is fully untethered, …

How Engineering Students Learn And Are Impacted By Empathy Training: A Multi-Year Study Of An Empathy Program Focused On Disability And Technology, Eric Schearer

Faculty Scholarship

Measurable results of efforts to teach empathy to engineering students are sparse and somewhat mixed. This study’s objectives are (O1) to understand how empathy training affects students’ professional development relative to other educational experiences, (O2) to track empathy changes due to training over multiple years, and (O3) to understand how and what students learn in empathy training environments.

Behavior Of Rio Sao Francisco Piranhas In Response To Changes In Space And Density, Ronald G. Oldfield, Josie E. Thal, Kristen E. Lukas

Faculty Scholarship

Previous observations of Rio Sao Francisco piranhas (Pygocentrus piraya) at Cleveland Metroparks Zoo revealed frequent aggressive interactions, which were associated with the injury and death of some individuals. Fishes are known to increase aggressive behavior when available space is limited. We compared the behavior of the piranhas longitudinally across three different space/density conditions: (1) in a group held in a small aquarium before the death of one individual, (2) in the same group after the death of one individual, (3) and in one individual of the group after it was later moved into a larger, multispecies aquarium. In the smaller …

Global Aging & Geriatric Experiments In Bipolar Disorder (Gage-Bd): Building A Global Consortium Benefiting People With Bipolar Disorder In Later Life, Martha Sajatovic

Faculty Scholarship

Purpose of Review: Findings from the Global Aging & Geriatric Experiments in Bipolar Disorder (GAGE-BD) project, including sociodemographic and clinical information from older age bipolar disorder (OABD) and healthy participants around the globe (approximately N = 5000) were reviewed. Data was collected in multiple waves to create a large integrated dataset. Recent Findings: BD does not seem to fade with age. BD subtype and early/late onset did not show significant differences in daily functioning. Physical comorbidities were more frequent in OABD compared with controls. Women with OABD had an earlier age at onset and more psychiatric hospitalizations. Summary: GAGE-BD is …

Flapping Dynamics And Wing Flexibility Enhance Odor Detection In Blue Bottle Flies, Naeem Haider, Zhipeng Lou, Chengyu Li

Faculty Scholarship

One of the most ancient and evolutionarily conserved behaviors in the animal kingdom involves utilizing wind-borne odor plumes to track essential elements such as food, mates, and predators. Insects, particularly flies, demonstrate a remarkable proficiency in this behavior, efficiently processing complex odor information encompassing concentrations, direction, and speed through their olfactory system, thereby facilitating effective odor-guided navigation. Recent years have witnessed substantial research explaining the impact of wing flexibility and kinematics on the aerodynamics and flow field physics governing the flight of insects. However, the relationship between the flow field and olfactory functions remains largely unexplored, presenting an attractive frontier …

Book Review: How To Set Up And Run A Law Clinic, Peggy Maisel, Paul R. Tremblay

Faculty Scholarship

This book answers many questions for those tasked with deciding whether and how to fund a law school clinic. It also provides metrics by which to evaluate the operations of a clinic. And finally, this book addresses not just how best to run a clinic, but in many ways how best to deliver legal services to a community in great need of legal help, whether through a law school program or in the neighborhood. It answers questions every legal aid office in the world with limited resources must answer: how to choose clients, how to decide which services the clients …

Reply Brief For Plaintiff-Appellant, Jane Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Marshall does not dispute that Jane Roe’s experience as a student there was marred by fellow-student John Doe’s repeated sexual harassment. Doe’s harassment of Roe escalated on September 3, 2022, when he sexually assaulted her at a Marshall-football-watch party near campus. Instead of supporting Roe to confront the assault’s aftermath or the lingering on campus hostile environment, Marshall punished her, pretextually shuffling her through an investigation riddled with procedural deficits, in an attempt to cover its tracks.

Marshall argues it isn’t liable because it lacks control over all off-campus sexual assaults. But it undermines itself by admitting it exercised control …

Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …

Reclaiming Abortion As A Moral—And Religious—Decision, Linda C. Mcclain

Faculty Scholarship

Elizabeth Sepper, Free Exercise of Abortion, 49 BYU L. Rev. 177 (2023).

In 1973, before the Supreme Court decided Roe v. Wade, two members of a group of clergy committed to helping women receive abortion care stated: “every woman must possess the freedom, guaranteed by the U.S. Constitution, to follow her religious conscience in the determination of whether she will or will not bear a child.”1 Religious supporters of abortion access also cited the Establishment Clause: states were adopting, in a religiously diverse nation, a religious view about when life begins and how to value fetal and maternal life. …

Error-Based Dynamic Velocity Range Of Piv Processing Algorithms, Gauresh Raj Jassal, Bryan E. Schmidt

Faculty Scholarship

The ability of PIV processing algorithms to accurately determine velocity vectors across the range of motion present in PIV images is characterized by the algorithm’s dynamic velocity range (DVR). Conventionally, the DVR of PIV is defined using the ratio between the maximum and minimum resolvable particle displacements, with the minimum based on the uncertainty in the location of a single particle in the optical system. In this work, it is demonstrated that this definition is inadequate in practice, as it ignores many factors which affect the accuracy of an algorithm when determining small displacements, and the error in vectors with …

Teaching Around Generative Ai Plagiarism Risks, Nancy C. Marcus

Faculty Scholarship

Much has been written and said about generative AI's potential uses and misuses by lawyers and law students in the past year. This essay does not rehash the many ongoing discourses about whether, how, and to what extent generative AI (GenAI) can be used for and taught in legal writing courses. Rather, this essay is written under the assumption that, at least to some extent early on in the law school experience, some professors don't want 1L legal writing students using GenAI to draft legal memoranda and briefs for them. As the American Bar Association's Formal Ethics Opinion 512 warns, …

Pirfenidone Delivery By Blow-Molded Pcl Nanofiber Mat To Reduce Collagen Synthesis By Fibroblasts, Maximilian Zernic, Maryo Kohen, Faruk H. Orge, Amel Ahmed, Ozan Akkus

Faculty Scholarship

Elevated intraocular pressure (IOP) during glaucoma is sometimes mitigated by insertion of glaucoma drainage devices (GDD). Excessive fibrosis around GDD plates may confine drainage and requiring revision surgeries in some patients. Pirfenidone (PFD) is an FDA approved drug to treat lung fibrosis, and it may be effective in limiting capsule formation around the GDD. To enable this, we aimed to develop a polymeric GDD encasement sheath that can sustainably release PFD to reduce fibrous capsule formation. The PFD-doped sheath was manufactured by blow molding of (poly)caprolactone (PCL). We investigated the effects of PCL concentration, spray distance, and molecular weight on …

Public Funds, Public Functions, Private Actors: The Cognitive Dissonance Of Us Health Law, William M. Sage

Faculty Scholarship

This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain.

Optimal Real-Time Review Standards: Implications For Law Enforcement And Competitive Games, Murat C. Mungan

Faculty Scholarship

Real-time review systems are frequently used in various sports to monitor the decisions of referees and correct their mistakes. Interventions through these systems cause delays in games, which are perceived as being costly. This makes it optimal for these review systems to interfere with the decisions of the referee less frequently than would minimize the costs of decision errors, which I formalize through an analysis of the VAR system in football. This analysis also reveals that optimal review standards ought to be laxer when an important event (e.g., a goal) occurs between the position in which the potential error took …

Climate Change Litigation In New York, Michael B. Gerrard

Faculty Scholarship

Numerous lawsuits have been brought in the federal and state courts in New York concerning climate change. Some were under two important state statutes on the subject – the Climate Leadership and Community Protection Act of 2019 (CLCPA)and New York Climate Superfund Act of 2024. Others are brought under various common law, consumer protection, securities, and other theories. This column describes the most important of these cases.

Existential Threats And Deterrence: Japan’S Legal Pathway To Enhanced Collective Security In Asia, Nobuhisa Ishizuka

Faculty Scholarship

With the Japanese Cabinet’s decision in December 2022 to comprehensively upgrade Japan’s security posture, and its rapid build-up of its defense capabilities, Japan’s role in Asia’s security architecture has been undergoing a fundamental shift. This article places Japan’s 2015 Peace and Security Legislation in the context of the U.N. collective security system and argues that its most significant achievement has been to expand Japan’s power to engage more proactively in the Asian collective security order. To date, commentators have focused on the legislation’s role in expanding the Japanese constitution’s limitations on the use of force to permit collective self-defense. This …

Shadow Investment Companies, William A. Birdthistle, Gabriel Rauterberg, Jeffery Y. Zhang

Faculty Scholarship

Stablecoins are cryptocurrencies designed to track the value of fiat currency, most commonly the U.S. dollar. Over the past decade, they have grown from a niche innovation into the primary gateway between crypto markets and the traditional financial system, with daily trading volumes exceeding $100 billion. Despite their scale and centrality, stablecoin issuers occupy an uncertain and increasingly contested regulatory space.

This Article argues that the largest stablecoin issuers — such as Circle and Tether— are best understood not as banks or payments firms, but as investment companies under the Investment Company Act of 1940. As a matter of statutory …

Mainstreaming Parafamily, Elizabeth F. Emens

Faculty Scholarship

In Parafamily, Chen and Mulligan have managed to cover vast terrain, to catalogue important developments in law, to canvass insights from generations of thinkers, and to propose an ambitious yet pragmatic approach to the laws that govern human relationships, directly and indirectly. They do all this in a relatively short article composed of unusually readable prose. Quite a feat.

The focus of the piece is Chen and Mulligan’s contribution to the field of legal scholarship dedicated to relationships that go beyond the traditional nuclear family. As their title reveals, the authors contribute a new term and concept to this …

Regionalism And The Federal Reserve Banks, Kathryn Judge, Lev Menand

Faculty Scholarship

Regionalism is central to our country’s central banking system. Rather than rely on a single organization to set monetary policy and oversee banks, Congress created a multiplicity of bodies including twelve Federal Reserve Banks (FRBs), each designed to operate in a different part of the country. These FRBs are an early and undertheorized example of how the federal government uses regional bodies to formulate and administer federal policy. When they were first authorized in 1913, their regional character assuaged concerns about centralizing power over the economy. Today, the FRBs continue to play a number of important roles, helping to shape …

Shadow Banking And Securities Law, Gabriel Rauterberg, Jeffery Y. Zhang

Faculty Scholarship

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation — aptly termed “shadow banks” — were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route …

Celebrating 70 Years Of Health Law At Bu, Christopher Robertson, Elizabeth Mccuskey, Aziza Ahmed, Dionne Lomax, Kathryn Zeiler, Dianne Mccarthy, Laura Stephens, Michael Ulrich, Lawrence Vernaglia, Danielle Pelfrey Duryea, Nicole Huberfeld, Kevin Outterson

Faculty Scholarship

This essay celebrates the BU Health Law Program upon its 70th anniversary, offering reflections on the founders of the program, Fran Miller, George Annas, and Wendy Mariner (“FGW,” endearingly), and their contributions to the field.

Current faculty offer reflections, including: Several speak to scholarly research, including Elizabeth McCuskey on health care finance, Aziza Ahmed on human rights, Dionne Lomax on antitrust, Christopher Robertson on trust, and Kathy Zeiler on the marketplace. Other contributors speak to the student experience, with Dianne McCarthy on mentorship, Laura Stephens on demanding excellence, Michael Ulrich on teaching, and Larry Vernaglia on merging law and public …

Legislating For The Future, Jonathan S. Gould, Rory Van Loo

Faculty Scholarship

Public policy must address threats that will manifest in the future. Legislation enacted today affects the severity of tomorrow’s harms arising from biotechnology, climate change, and artificial intelligence. This Essay focuses on Congress’s capacity to confront future threats. It uses a detailed case study of financial crises to show the limits and possibilities of legislation to prevent future catastrophes. By paying insufficient attention to Congress, the existing literature does not recognize the full nature and extent of the institutional challenges in regulating systemic risk. Fully recognizing those challenges reveals important design insights for future-risk legislation.

We first examine Congress as …

Reassessing Corporate Philanthropy From A Tax Perspective, David I. Walker

Faculty Scholarship

U.S. corporations make and deduct charitable contributions in excess of $20 billion annually. This Article reassesses corporate philanthropy from a tax perspective, asking first whether the federal tax subsidy for corporate philanthropy is greater than the subsidy for the alternative stakeholder philanthropy, as some commentators have previously found. The answer: it depends. The relative degree of subsidy depends on corporate and individual tax rates, obviously, but also on the incidence of corporate philanthropy, i.e., who bears the cost, which is generally unclear, as well as other details, such as whether individual stakeholders itemize deductions. At current tax rates, however, any …