Digital Commons Network^™

Technoculture And Language Models In Archaeology: Reconstructing And Preserving Cultural Narratives Through Digital Humanities, James Hutson

Faculty Scholarship

Technoculture, which examines the intersection of culture and technology, has increasingly permeated archaeological practice, transforming both scholarly research and public engagement [1-3]. The introduction of digital tools such as virtual reality (VR), geographic information systems (GIS), and large language models (LLMs) has democratized access to archaeological knowledge, enabling communities to engage more actively with their cultural heritage [4-6]. This short article explores the mutual influence of technocultural studies and AI technologies on archaeology, with a focus on the preservation and reconstruction of cultural narratives through digital means.

The first aspect of this intersection lies in how technocultural tools are creating …

Developing Empathetic Ai: Exploring The Potential Of Artificial Intelligence To Understand And Simulate Family Dynamics And Cultural Identity, Emily Barnes, James Hutson

Faculty Scholarship

The rapid advancement of Artificial Intelligence (AI) has significantly impacted various domains. Yet, the exploration of AI's potential to develop a deep understanding of family culture and identity remains underexplored. This study introduces the concept of "a love of grandma and apple pie" to symbolize the potential of various AI to internalize and appreciate familial relationships, cultural traditions, and personal identity. The proposed study would investigate how an advanced deep learning model, trained on diverse unstructured datasets—including multimedia data from 100 families-could learn and reflect human-like emotions, values, and cultural understanding. Utilizing Convolutional Neural Networks (CNNs) for visual data processing …

Prudence, Role Morality, And Restraint: Judge Wilkinson On The Separation Of Powers, Katherine Mims Crocker, Jack Goldsmith

Faculty Scholarship

Caution in reviewing the actions of the legislative and executive branches has been a hallmark of the jurisprudence of Judge J. Harvie Wilkinson III. The Constitution “at most gives judges specific authority to redress violations of specific provisions,” Judge Wilkinson writes in his book Cosmic Constitutional Theory. But even when doing so, “courts must exercise great caution before injecting themselves into the vortex of varied political questions,” for “[i]t is often far preferable to allow the political institutions under our Constitution to struggle among themselves, with each bringing to bear the respective arsenal of powers the Framers accorded them.” …

Endovascular Aneurysm Repair-First Strategy For Ruptured Abdominal Aortic Aneurysm Might Not Be Applicable To All Cases, Omkar Pawar, Anuja Sarode, Benjamin D. Colvard, Jae S. Cho

Faculty Scholarship

Background: We evaluate the relationship between the hospital case volume (HCV) and mortality outcomes after open aortic repair (OAR) and endovascular aortic repair (EVAR) of intact (iEVAR) and ruptured (rEVAR) abdominal aortic aneurysm (AAA) using a contemporary administrative database. Methods: The Healthcare Cost and Utilization Project Database for New York (2016) and New Jersey/Maryland/Florida (2016–2017) were queried using International Classification of Disease-10th edition to identify patients who had undergone OAR and EVAR. The hospitals were categorized into quartiles (Q) per overall (EVAR + OAR) volume, OAR-alone volume and EVAR-alone volume. Cox regression adjusted for confounding factors was used to estimate …

Inmate Assistance Programs, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This paper analyzes the deterrence implications of different inmate assistance programs (IAPs), carefully distinguishing between deterrence of first offenses and recidivism. All IAPs considered in our model reduce recidivism, and we identify IAPs that also reduce the first offense rate. However, IAPs which increase work opportunities, improve the reintegration of exiting inmates, and moderate individual’s self-control issues may lower the deterrence of first offenses, if this possibility is not adequately anticipated when designing these IAPs.

Major Questions, Common Sense?, Kevin Tobia, Daniel E. Walters, Brian Slocum

Faculty Scholarship

The Major Questions Doctrine (“MQD”) is the newest textualist interpretive canon, and it has driven consequential Supreme Court decisions concerning vaccine mandates, environmental regulation, and student loan relief. But the new MQD is a canon in search of legitimization. Critics allege that the MQD displaces the Court’s conventional textual analysis with judicial policymaking. Textualists have now responded that the MQD is a linguistic canon, consistent with textualism. Justice Barrett recently argued in Biden v. Nebraska that the MQD is grounded in ordinary people’s understanding of language and law, and scholarship contends that the MQD reflects ordinary people’s understanding of textual …

Perpetuating Inequality: What Salary History Bans Reveal About Wages, James Bessen, Chen Meng, Erich Denk

Faculty Scholarship

Pay gaps for women and minorities have persisted after accounting for observable differences. Why? If employers can access applicants’ salary histories while bargaining over wages, they can take advantage of past inequities, perpetuating inequality. Recently, a dozen US states have banned employer access to salary histories. We analyze the effects of these salary history bans (SHBs) on employer wage posting and pay in a difference-in-differences design. Following SHBs, employers posted wages more often and increased pay for job changers, particularly for women (6.4%) and non-whites (7.7%). Bargaining behavior appears to account for much of the persistence of residual wage gaps.

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

Critical Race Theory As Legal Epistemic Justice, Jasmine Gonzales Rose

Faculty Scholarship

“Critical Thinking: Not Critical Race Theory” and “Teach Truth: Not CRT,” proclaimed the front and back of a T-shirt on a fellow traveler passing in the airport. I was startled by the blatant misconceptions. The core pursuits of critical race theory (“CRT”) are to think critically, discover truth, and diversify knowledge about race and racism. Although I was aware of then-President Trump’s executive order barring federal diversity training and bills modeled after it, nothing had prepared me for the realization that my academic subfield had become so widely criticized that it was now the subject of T-shirt slogans. A few …

Constructing A Liberal/Progressive “Constitution In Exile”: An Appreciation Of Jack Balkin’S Memory And Authority, James E. Fleming

Faculty Scholarship

Balkin’s book makes clear why many liberal/progressive criticisms of conservative originalists—that they get the history wrong or cherry-pick it, that they only selectively insist upon originalism and otherwise ignore it, and the like—deliver at best glancing blows (as far as the conservative originalists are concerned). For one thing, he shows that the construction of memory entails the construction of forgetting (or erasure),7 which is essential to originalist projects that whitewash our historical injustices and repudiate the progressive aspirations embodied in our history. Hence, when conservative originalists erase unjust aspects of our history, and liberals and progressives criticize them for not …

Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen

Faculty Scholarship

Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …

The Influence Of The Race Of Defendant And The Race Of Victim On Capital Charging And Sentencing In California, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence

Faculty Scholarship

The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and …

New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard

Faculty Scholarship

In July 2019, shortly after Gov. Andrew Cuomo signed the Climate Leadership and Community Protection Act (CLCPA), I wrote in an op-ed, “The champagne corks are still popping. But the realization is dawning that implementing the new law will be really, really hard. New York is boldly going where no state has gone before … It will take a great deal of sweat and treasure (no one knows just how much), as well as a continuation of the political will that brought us to this point.”

We still do not know how much sweat and treasure will be required, but …

From The Bench, Pierre Leval, M. Margaret Mckeown, Jane C. Ginsburg

Faculty Scholarship

Lightly edited transcript of panel comments at the 2023 Symposium, “Rearrange, Transform, or Adapt: The Derivative Works Right After Andy Warhol Foundation v. Goldsmith.”

Going "Beyond" Mere Transformation: Warhol And Reconciliation Of The Derivative Work Right And Fair Use, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision — one that had been dormant in the lower court fair use jurisprudence — about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair …

The Surprising Survival – So Far – Of The Corporate Contribution Ban, Richard Briffault

Faculty Scholarship

In Citizens United v. Federal Election Commission, the Supreme Court invalidated the longstanding ban on the expenditure of corporate funds in federal election campaigns. In so doing, the Court dismissed outright an argument that had long been the foundation for the restriction of corporate money in election campaigns — that, due to the “substantial aggregations of wealth amassed by the special advantages which go with the corporate form[,]” corporate money poses a distinct threat to the integrity of democracy. Instead, viewing corporations as essentially “associations of citizens,” Citizens United determined that “the First Amendment does not permit Congress to …

The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?, Mona Pinchis-Paulsen, Kamal Saggi, Petros C. Mavroidis

Faculty Scholarship

The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue …

Mhongoose: A Meerkat Nearby Galaxy H I Survey, Stacy S. Mcgaugh

Faculty Scholarship

The MHONGOOSE (MeerKAT H i Observations of Nearby Galactic Objects: Observing Southern Emitters) survey maps the distribution and kinematics of the neutral atomic hydrogen (H i) gas in and around 30 nearby star-forming spiral and dwarf galaxies to extremely low H i column densities. The H i column density sensitivity (3σ over 16 km s−1) ranges from ∼5 × 1017 cm−2 at 9000 resolution to ∼4 × 1019 cm−2 at the highest resolution of 700. The H i mass sensitivity (3σ over 50 km s−1) is ∼5.5×105 M at a distance of 10 Mpc (the median distance of the sample …

Living Collections: Biodiversity Cultivated At Public Gardens Has The Power To Connect Ecological Questions And Evolutionary Context, Jean H. Burns, Katharine L. Stuble, Juliana S. Medeiros

Faculty Scholarship

Combining ecological questions with evolutionary context generates novel insight into both ecology and evolution. However, our ability to draw broad inferences can be limited by the taxonomic diversity present within and across species at a site. Public gardens (including botanical gardens and arboreta) may focus solely on aesthetics in developing their gardens, but some public gardens include scientific inquiry and conservation at the core of their missions (Hohn, 2022). These scientifically oriented public gardens follow community standards of excellence (Hohn, 2022) to provide unique access to curated plant collections specifically designed to gather high levels of biodiversity, both among and …

Association Between Residential Distance To Airport And Blood Lead Levels In Children Under 6 Living In North Carolina, 1992–2015, Abdul-Nasah Soale

Faculty Scholarship

Even with progress in lead poisoning prevention, research has consistently shown there is no safe blood lead level (BLL) for children.1 Behavioral and cognitive deficits are associated with lead exposure, even at low levels.2 Unfortunately, many piston-engine aircraft are still fueled by leaded aviation gas (avgas). The US Environmental Protection Agency (EPA) estimates that 5.2 million people live within 500m of an airport where avgas is used.3 Our past research in six North Carolina (NC) counties indicates that children living within 500m of airports where avgas is used have ∼4% higher BLLs than children who lived beyond 2,000m (reference group); …

Using Latent Variables To Improve The Management Of Depression Among Hemodialysis Patients, Douglas D. Gunzler, Martha Sajatovic, Ashwini R. Sehgal

Faculty Scholarship

Background: Screening for depression can be challenging among hemodialysis patients due to the overlap of depressive symptoms with dialysis or kidney disease related symptoms. The aim of this study was to understand these overlapping symptoms and develop a depression screening tool for better clinical assessment of depressive symptoms in dialysis patients. Methods: We surveyed 1,085 dialysis patients between March 1, 2018 and February 28, 2023 at 15 dialysis facilities in Northeast Ohio with the 9-item patient health questionnaire (PHQ-9) and kidney disease quality of life (KDQOL) instrument. To evaluate overlap across questionnaire items, we used structural equation modeling (SEM). We …

Contemplating Existence: Ai And The Meaning Of Life, Emily Barnes, James Hutson

Faculty Scholarship

This article explores the intersection of artificial intelligence (AI) with existential philosophy, examining how AI technologies influence human conceptualizations of purpose and meaning. Despite rapid advancements in AI, the domain's implications for existential thought remain underexplored. By integrating interdisciplinary perspectives from psychology, philosophy, and AI ethics, this study elucidates how AI can shape, challenge, or enhance our understanding of life's purpose. It investigates theoretical frameworks and practical implementations of AI engaging in existential questions, analyzing both the capabilities and limitations of AI systems such as ChatGPT in simulating human existential thought. The ethical implications of AI's role in existential inquiries …

Beyond Automation: Ai As A Catalyst For New Job Creation In Software Development, Jill Willard, James Hutson

Faculty Scholarship

As artificial intelligence (AI) continues to evolve, its impact on software development and programming is profound, drawing parallels to the shift from assembler to object-oriented programming. This article explores how AI is reshaping the landscape of software jobs, creating new opportunities rather than diminishing them. By simplifying complex tasks and lowering barriers to coding, AI is expanding the technology "pie," introducing new use cases, and enhancing efficiency. The transition from monolithic services to microservices has reduced risks and accelerated deployment processes, and AI is poised to further this evolution by managing the complexities of service interactions through advanced orchestration layers. …

The Incoherence Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

What is the purpose of evidence law? The answer might seem intuitive. Evidence law exists, of course, to foster verdict accuracy, legitimacy, and efficiency. But these kindred aims often come into conflict. Policy tradeoffs are inescapable in evidence law, meaning that an evidentiary regime must clarify how its normative objectives cohere. Do accuracy, legitimacy, and efficiency work together on equal footing, such that the goal of a code is to maximize each objective to the extent possible? Or does one of evidence law’s aims take precedence over the rest? And if one goal takes priority, what is the role of …

The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang

Faculty Scholarship

Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but …

Why Mlp Legal Care Should Be Financed As Health Care, William M. Sage, Keegan D. Warren

Faculty Scholarship

Medical-legal partnership (MLP) integrates the unique expertise of lawyers into collaborative clinical environments. MLP teams meet the needs of individual patients while also detecting structural problems at the root of health inequities and advancing solutions at the institutional, community, and system levels. Yet MLPs today operate in limited settings and survive on scant budgets. Expanding their impact requires secure funding. Financing MLPs as health care can do the following: (1) help address inequity at the point of care; (2) enable expert diagnosis and treatment of nonmedical drivers of health; (3) enhance team-based practice in health care organizations; (4) offer another …

Even Laypeople Use Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Whereas principles of communicative efficiency and legal doctrine dictate that laws be comprehensible to the common world, empirical evidence suggests legal documents are largely incomprehensible to lawyers and laypeople alike. Here, a corpus analysis (n=59 million words) first replicated and extended prior work revealing laws to contain strikingly higher rates of complex syntactic structures relative to six baseline genres of English.

Next, two pre-registered text generation experiments (n=286) tested two leading hypotheses regarding how these complex structures enter into legal documents in the first place. In line with the magic spell hypothesis, we found people tasked with writing official laws …

Bridging The Gap: Ai And The Hidden Structure Of Consciousness, Emily Barnes, James Hutson

Faculty Scholarship

The quest to develop Artificial Intelligence (AI) systems that possess human-like consciousness necessitates a deep dive into both theoretical and practical aspects underpinning this ambitious goal. This article builds on initial philosophical explorations of AI consciousness by examining the intricate and often hidden structures that may facilitate conscious experiences in AI. Drawing from concepts in cognitive science and neuroscience, the article elucidates how AI systems can be designed to replicate the structural and functional aspects of human consciousness. The discussion includes the Hierarchy of Spatial Belongings proposed by Forti (2024), frameworks like the Integrated Information Theory (IIT), and models linking …

Limits To Asset Manager Adaptation, Madison Condon

Faculty Scholarship

In Our Lives in Their Portfolios, Brett Christophers provides an account of the rise of ‘asset manager society’ – a world in which the infrastructures of public life are converted from public to private ownership. Here I use Christophers’ analysis to comment on growing calls for asset manager investment in climate adaptation. The asset manager business model requires ever-escalating returns, a poor fit with the now unavoidable losses that climate change promises to bring.

Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson

Faculty Scholarship

Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …