Digital Commons Network^™

Expanding Health Insurance For Formerly Incarcerated People, Benjamin Barsky, James R. Jolin, Meredith B. Rosenthal

Faculty Scholarship

No abstract provided.

The Association Between County-Level Social Determinants Of Health And Cardio-Kidney-Metabolic Disease Attributed All-Cause Mortality In The Us: A Cross Sectional Analysis, Antoinette Cotton, Pedro Rvo Salerno, Salil V. Deo, Ian Neeland, Sanjay Rajagopalan, Sadeer G. Al-Kindi, Yakov E. Elgudin

Faculty Scholarship

Background: The American Heart Association recently defined cardio-kidney-metabolic (CKM) syndrome as the intersection between metabolic, renal, and cardiovascular disease. Understanding the contemporary estimates of CKM related mortality in the US is essential for developing targeted public interventions. Methods: We analyzed state-level and county-level CKM-associated all-cause mortality data (2010-2019) from the CDC Wide-ranging Online Data for Epidemiologic Research (WONDER). Median and interquartile (IQR) age-adjusted mortality rates (aaMR) per 100,000 were reported and linked with a multi-component metric for social deprivation: the Social Deprivation Index (SDI: range 0 - 100) grouped as: I: 0 – 25, II: 26 – 50, III: 51 …

Neighborhood Social Processes And Adolescents' Depressive Symptoms: The Intervening Role Of Neighborhood Self-Efficacy, Kristen A. Berg

Faculty Scholarship

Via observational data from the Project on Human Development in Chicago Neighborhoods collected between 1994 and 2001, this study examined the degree to which neighborhood disorder, collective efficacy, and youth-centered institutional resources are directly associated with adolescents' depressive symptoms across time, and the mediating role of adolescents'neighborhood self-efficacy. Latent variable structural equation models were estimated among an unweighted representative sample of 1448 adolescents (59% male, mean age 15.19), across 79 neighborhoods in Chicago, to examine the direct effects of neighborhood disorder, collective efficacy, and availability of youth-centered resources at baseline (measured at timepoint 1; reported by an independent sample of …

Perceptions And Practices Of Imaging Personnel And Physicians Regarding The Use Of Brain Mri For Dementia Diagnosis In Uganda, Stephen E. Jones, Martha Sajatovic

Faculty Scholarship

Introduction Diagnosing dementia remains challenging in low-income settings due to limited diagnostic options and the absence of definitive biomarkers. The use of brain MRI in the diagnosis of dementia is infrequent in Uganda, and even when it is used, subtle findings like mild regional atrophy are often overlooked, despite being crucial for imaging diagnosis. Objective The purpose of this study was to explore the perceptions and practices of imaging personnel and physicians regarding the use of brain MRI as a diagnostic approach for dementia in Uganda. Methods This was an exploratory qualitative study involving radiologists, technologists, senior house officers and …

Alpha Synuclein And Inflammaging, Geneviève L. Putnam, Robert W. Maitta

Faculty Scholarship

The α-synuclein protein is an established molecule in Lewy body pathology, especially Parkinson's disease (PD). While the pathological role of α-synuclein (α-syn) in PD has been well described, novel evidence may suggest that α-syn interacts with inflammasomes in response to aging. As age is an inevitable physiological state and is also considered the greatest risk factor for PD, this calls for investigation into how α-syn, aging, and PD could be linked. There is a growing amount of data regarding α-syn normal function in the body that includes involvement in cellular transport such as protein complexes assembly, vesicular trafficking, neurotransmitter release, …

How Are You Doing… Really? A Review Of Whole Person Health Assessments, Kurt C. Stange

Faculty Scholarship

Policy Points A redirection of measurement in health care from a narrow focus on diseases and care processes towards assessing whole person health, as perceived by the person themself, may provide a galvanizing view of how health care can best meet the needs of people and help patients feel heard, seen, and understood by their care team. This review identifies key tensions to navigate as well as four overarching categories of whole person health for consideration in developing an instrument optimized for clinical practice. The categories (body and mind, relationships, living environment and finances, and engagement in daily life) include …

Building Toward Population Reserve And A Critical Positive Psychiatry, Peter J. Whitehouse

Faculty Scholarship

No abstract provided.

Melanoma Detection, Treatment, Survival, And Mortality Through Year 2 Of The Pandemic, Uriel Kim, Richard S. Hoehn, Siran M. Koroukian, Johnie Rose, Jeremy S. Bordeaux, Bryan T. Carroll

Faculty Scholarship

The COVID-19 pandemic affected the timely diagnosis and treatment of many cancers, including melanoma, the fifth most common cancer in the U.S. This study aimed to quantify the disruption and recovery of melanoma detection, treatment, survival, and mortality during the pandemic by analyzing data from the Surveillance, Epidemiology, and End Results (SEER) program from 2000 to 2021. Our epidemiological analysis found that melanoma incidence initially dropped by 14.8% (95% CI: − 17.2 to − 12.4) in 2020 compared to pre-pandemic projections. Although incidence rates substantially recovered by 2021, an estimated 10,274 patients (95% CI: − 12,824 to − 7,724) remained …

Effect Of Cariprazine On Outcomes In Older-Aged And Younger-Aged Patients With Bipolar I Disorder: A Post-Hoc Analysis, Martha Sajatovic

Faculty Scholarship

Objectives: To evaluate cariprazine in adults with older- and younger-age bipolar I disorder (OABD-I and YABD-I) and compare treatment effects between them. Design and setting: Pooled post-hoc analysis of studies in depressive or acute manic/mixed episodes associated with bipolar I disorder. Participants: 475/1383 patients (34.3%) in 3 depression trials and 238/1037 patients (23.0%) in 3 manic/mixed trials were OABD-I. Interventions: Depression: placebo, cariprazine 1.5 mg/day, 3.0 mg/day, pooled 1.5-3.0 mg/day. Manic/mixed: placebo, cariprazine 3.0-6.0 mg/day, and 9.0-12.0 mg/day. Measurements: Montgomery-Åsberg Depression Rating Scale (MADRS), Clinical Global Impression of Severity (CGI-S), and Young Mania Rating Scale (YMRS). Results: In bipolar I …

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

To Save Democracy From Juristocracy: J.B. Thayer And Congressional Power After The Civil War, Samuel Moyn, Rephael G. Stern

Faculty Scholarship

As many Americans once again worry that their democracy is hostage to judicial power, this Article is an archival reconstruction of how famed Harvard law professor James Bradley Thayer set out on a mission to stave off the syndrome before it stuck—though he failed in the end.

The Article shows how Thayer (1831–1902) arrived at his epoch-making theory of judicial deference to safeguard Congress’s power after the democratic revolutions of the Civil War and Reconstruction. Indeed, he hoped to see America transformed in the direction of British legislative supremacy, in which Parliament—and not the courts—reigned supreme. Scandalized by growing ventures …

Interference With The Democratic Process As Public Nuisance, Richard C. Boldt, Donald G. Gifford

Faculty Scholarship

This Article argues that the tort of public nuisance provides a vehicle for holding accountable those engaged in antidemocratic conduct. Recent history suggests that neither the criminal justice system nor Constitutional checks and balances are always up to the task. Following the 2020 election, some supporters of President Trump stormed the Capitol to prevent the counting of the electoral votes, tampered with election machines, and intimidated election workers and voters. Depending on the results of the 2024 election, criminal charges against Trump and some of his followers may be dismissed. The Senate failed to convict the President on articles of …

Pushing Boundaries, Paula A. Monopoli

Faculty Scholarship

This essay was originally published in Balkinization as part of an online symposium and it is reprinted with permission. The essay engages with Julie Suk's book, After Misogyny: How the Law Fails Women and What to Do About It. It suggests that feminist legal scholars have been considering their intellectual options in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. In After Misogyny, Professor Suk offers a conceptual path forward in a post-Dobbs world. Suk’s trenchant analysis of the failure of law to render substantive gender equality and her …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

Who Teaches Consumer Law?, Jeff Sovern

Faculty Scholarship

This paper reports on a survey of 31 law professors teaching consumer protection law conducted in connection with the Center for Consumer Law & Economic Justice at the UC Berkeley School of Law and the Center for Consumer Law at the University of Houston Law Center’s 2024 Teaching Consumer Law Conference. Surveys posed at previous editions of the Teaching Consumer Law Conference focused largely on what topics are covered in consumer law courses. The 2024 iteration of the survey instead explored responding professors’ goals in consumer law courses and experiences with and views on consumer law matters. Among the findings: …

Shaping Strategy In The Digital Age: The Impact Of Consumer Electronic Word Of Mouth On Firm Strategic Emphasis, Brandon Holle, Hang T. Nguyen, Hieu V. Phan

Faculty Scholarship

This research explores how consumer electronic word of mouth (eWOM) influences a firm’s strategic emphasis, focusing on the distinct effects of positive and negative eWOM on value appropriation (e.g., advertising) versus value creation (e.g., R&D). Analyzing over 33 million social media posts covering 39 corporate brands from 2010 to 2020, the authors find that positive consumer eWOM influences firms to prioritize a strategic emphasis on value appropriation, while negative consumer eWOM is associated with a strategic emphasis on value creation. These effects are moderated by product category, market competition, and industry instability. Firms in hedonic categories have attenuated responses to …

Critical Constitutional Law And The Alito Palimpsest, William J. Aceves

Faculty Scholarship

This article uses an innovative metaphor—the palimpsest—and a provocative philosophical tradition—genealogy—to generate a new theory of critical constitutional law. It is a theory born from this unique moment in time.

Originalism is now ascendant at the Supreme Court. Its search for essential origins in history as a method for grounding extant constitutional values was used in Dobbs v. Jackson Women’s Health Organization to end recognition of the fundamental right to abortion. The Court’s conservative majority has made clear that Dobbs is only the beginning.

Critical constitutional law uses the metaphor of the palimpsest to study law and the search for …

Generative Contracts, Spencer Williams

Faculty Scholarship

This Article examines how consumers can use generative artificial intelligence to write their own contracts. Popularized by “chatbots” such as OpenAI’s ChatGPT, generative AI is a form of artificial intelligence that uses statistical models trained on massive amounts of data to generate human-like content such as text, images, music, and more. Generative AI is already being integrated into the practice of law and the legal profession. In the context of contracting and transactional law, most generative AI tools are focused on reviewing and managing large volumes of business contracts. Thus far, little attention has been given to using generative AI …

Artificial Intelligence And The Self-Represented Inventor, Brenda M. Simon

Faculty Scholarship

Lack of access to competent legal representation is pervasive throughout the justice system. Unfortunately, the patent system is no exception. Self-represented inventors are far less likely to obtain patents than those with legal representation. Increasing access to artificial intelligence (AI) can mitigate some of the disadvantages of self-representation, but the use of AI will also raise new challenges. To the extent that AI systems can help self-represented inventors, they can begin to address one of the underlying causes of the patent gap—lack of access to high quality legal services. Women and people of color hold fewer patents, in part, because …

(Non)Police Brutality, Shawn E. Fields

Faculty Scholarship

Local governments increasingly rely on unarmed, nonpolice experts to provide public safety services. In response to demands to reduce police violence, many municipalities have empowered paramedics, mental health counselors, social workers, and homeless outreach personnel, to triage health and safety issues without police involvement. Pilot programs reallocating police funds to these alternate responders appear to reduce arrest rates and rates of police violence. But they have not eliminated acts of violence committed by these nonpolice actors themselves. Shocking stories of paramedics chemically sedating motionless patients to death, social workers assaulting clients, and homelessness response units brutally dispersing unhoused persons after …

Ending The Paper Chase At The U.S. Supreme Court, William J. Aceves

Faculty Scholarship

This Article offers the first systematic analysis of the administrative impact and practical consequences of the U.S. Supreme Court's filing requirements. The lack of meaningful research on this subject reveals how Justices, clerks, and lawyers have become inured to these requirements and their attendant costs.

Every year, the Supreme Court receives approximately five thousand petitions for certiorari. With some exceptions, the Court compels litigants to file multiple paper copies of their submissions. When combined, these submissions exceed two hundred thousand documents, which include over five million separate pieces of paper. If stacked, these documents would reach beyond the height of …

Lone Stars Lessons, Amy F. Kimpel

Faculty Scholarship

This Article provides the first comprehensive empirical account of Operation Lone Star (OLS), Texas Governor Abbott’s immigration enforcement initiative at the southern border. Though OLS consists of several components, including border wall construction and the busing of migrants to “blue” states, the machinery of OLS is primarily designed to apprehend recent migrants and prosecute them for violations of Texas state criminal law. The most common OLS prosecutions are for misdemeanor criminal trespass after migrants are arrested on private ranch lands near the border. As many criminal justice reforms aim to shrink the scale and scope of the criminal legal system, …

Layered Alignment, Spencer Williams

Faculty Scholarship

Most artificial intelligence (AI) researchers now believe that AI represents an existential threat to humanity. The most dangerous threat posed by AI is an issue known as the alignment problem: the risk that a sufficiently intelligent and capable AI system could become misaligned with the goals and values of its human creators and instead pursue its own objectives to the detriment of humanity, including the possibility of extinction. The tension at the heart of the alignment problem is familiar to scholars of agency, contracts, and corporate law, though it goes by a different name: the principal-agent problem. In the traditional …

The First Thing We Do Is Kill All The Lawsuits, Kenneth S. Klein

Faculty Scholarship

As insurance premiums spike across the Nation, insurers are (yet again) pointing the finger at lawyers and lawsuits as an explanation. This Article offers new and important data on whether, in fact, currently there is a crisis of litigation in the United States. Neither the assertion of a litigation crisis, nor legislatures adopting systemic reform in response to the perception of one, is anything new. For almost two hundred years, there have been recurring cycles of complaints about lawyers, lawsuits, and their impact on society. Yet each time independent researchers have looked at the assertion, they have found the data …

Deep And Continuous Palliative Sedation Without Artificial Nutrition And Hydration: An International Review, Richard Liu, Thaddeus Pope, April Xiaoyi Xu

Faculty Scholarship

Deep and continuous palliative sedation combined with withholding or withdrawal of artificial nutrition and hydration (collectively termed “PSs̄ANH”) is a medical process regularly used in end-of-life care as a means of alleviating suffering. But PSs̄ANH is often not governed by a clear legal framework. To shed light on different approaches to regulating PSs̄ANH, this Article conducts a comparative analysis of the PSs̄ANH legality across twelve jurisdictions.

To facilitate understanding of this broad issue, we subdivided PSs̄ANH into three categories:

(1) PSs̄ANH will not hasten death (“Type 1 PSs̄ANH”),
(2) PSs̄ANH might, but is not certain to, hasten death (“Type 2 …

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Pope

Faculty Scholarship

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

Navigating Copyright In Ai-Enhanced Game Design: Legal Challenges In Multimodal And Dynamic Content Creation, Andrew Begemann, James Hutson

Faculty Scholarship

The integration of artificial intelligence (AI) in video game design has transformed traditional workflows, allowing for the generation of text, images, music, videos, and code at unprecedented scales. However, this advancement presents complex challenges for copyright law, traditionally rooted in human originality and authorship. This article examines recent case law that underscores the evolving legal landscape, exploring landmark cases such as Zarya of the Dawn and Andersen v. Stability AI. These cases reveal the tensions between AI-generated outputs and copyright eligibility, especially in the dynamic, multimodal compositions inherent to video games. The review analyzes how various AI tools are employed …

Universal Public Defense, Alexis Hoag-Fordjour

Faculty Scholarship

No abstract provided.

Doge's Matrix Structure And Presidential Power, Jason Marisam

Faculty Scholarship

At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White House entity tasked with reshaping the federal bureaucracy. Far more than a traditional advisory commission, DOGE employed a matrix structure that embedded staff across executive agencies, establishing dual reporting lines to both agency heads and the White House. This essay argues that DOGE’s organizational design represents a structural innovation in presidential control and an evolution of the longstanding “czar” model. Drawing on organizational and principal-agent theories, the essay explores how the matrix structure enhanced the President’s capacity to monitor agency behavior, …

Reframing Compliance For A Polarized World, Miriam H. Baer

Faculty Scholarship

Corporate compliance relies on an intricate network of individuals and organizations to monitor and report wrongdoing. Compliance improves our collective well-being by curbing corporate misconduct and by facilitating the freer flow of information.

Despite notable failures, compliance has thrived over the past three decades, becoming a well-respected element of corporate governance. Now, however, compliance faces a new challenge, as polarization has become the norm in American life. Political parties have grown more ideologically homogeneous, and politicians embrace more extreme variations of the positions they supported just a few years ago. Partisan thinking has moved beyond discrete political debates, spreading to …