Digital Commons Network^™

Criminal Law's Hidden Consensus, Steven Arrigg Koh

Faculty Scholarship

American criminal law is facing a crisis of meaning. On one hand, the “traditional school” invokes the archetype of the violent criminal—a murderer, rapist, or thief—who must be prosecuted and punished. On the other hand, the “critical school” invokes the archetype of the low-level drug offender, sentenced to a draconian prison term for mere possession of low levels of marijuana. On this account, the criminal legal system is itself systemically pathological, perhaps even warranting abolition. Like ships passing in the night, the two schools appear irreconcilable. This Article helps break this impasse and builds toward a justification for criminal law …

A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey

Faculty Scholarship

The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …

“Legally Magic” Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Kate Weisburd, Roseanna Sommers

Faculty Scholarship

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do courts. …

Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki

Faculty Scholarship

American democracy is marked by an unwavering deployment of racialized economic modalities of fines, fees, and debt aimed at scaffolding hierarchies of white power and prescribing Black people as commodities, not human beings. Over the last two decades, an expanding praxis in the economic justice field has emerged, opposing and disrupting racialized economic logics within a national anti-fine, fee and cost movement. From scholarly discourse to legal interventions and reforms at city- and county-levels, the movement has sought to target interlocking material and ideological forces that comprise racial capitalist geographies across many criminal and civil systems. Despite this significant work, …

Toward A Taxonomy Of Freedom Of Movement Claims: Identifying Rights-Based Pathways For Today’S Refugees Beyond The 1951 Refugee Convention, Moria Paz

Faculty Scholarship

This Article discusses the current migratory crisis as one instance of a conceptual mismatch in human rights between formal law and the tools that courts and other quasi-judicial bodies actually utilize in adjudication. While the doctrine centers around individual right-holders, enforcement bodies provide a remedy only when there is a state duty-holder. Human rights scholarship regarding refugees focuses on the right to freedom of movement. However, this right frequently offers little benefit to these individuals adrift at sea or wandering in the desert.

An alternative framing might ultimately be more effective before human rights courts and other quasi-judicial bodies. This …

The Public Performativity Of Trust, Lynette Hammond Gerido

Faculty Scholarship

Building trust between academic medical centers and certain communities they depend on in the research process is hard, particularly when those communities consist of minoritized or historically marginalized populations. Some believe that engagement activities like the creation of advisory boards, town halls, or a research workforce that looks more like community members will establish or reestablish trust between academic medical centers and racialized communities. However, without systematic approaches to dismantle racism, those well-intended actions become public performativity, and trust building will fail. In this essay, we draw upon foundational ethical principles of trust, distrust, and trust building; apply the concept …

Digital Inclusion For People With Autism Spectrum Disorders: Review Of The Current Legal Models And Doctrinal Concepts, James Hutson, Piper Hutson

Faculty Scholarship

Objective: Today, a significant part of professional tasks are performed in the digital environment, on digital platforms, in virtual and other meetings. This necessitates a critical reflection of traditional views on the problem of accessible environment and digital accessibility, taking into account the basic universal needs of persons with disabilities.

Methods: A gap between the traditional legal perspective on special working conditions for persons with disabilities and the urgent need of a digital workplace (digital environment) clearly shows lacunas in the understanding of accessibility, which are identified and explored with formal-legal and doctrinal methods. The multifaceted aspects of …

The Holistic Archival Personality Profiling Model (Happm): Comprehensive Data Integration For Personality Analysis, James Hutson, Pace Ellsworth

Faculty Scholarship

The traditional approach to biographical profiling, predominantly reliant on limited and fragmented datasets, has frequently resulted in superficial personality understandings. This is largely due to an overemphasis on official records and notable events, neglecting the rich tapestry of everyday experiences and personal interactions that significantly shape personalities. To address this shortcoming, this article introduces a multi-disciplinary methodology, The Holistic Archival Personality Profiling Model (HAPPM), which integrates a diverse array of archival materials, including personal correspondences, social media footprints, and family memorabilia. This approach involves digitizing various data forms, including handwritten documents, into machine-readable text, and then semantically classifying this data …

Beyond The Pixelated Mirror: Understanding Avatar Identity And Its Impact On In-Game Advertising And Consumer Behavior, Kyle Coble, Jay Ratican, James Hutson

Faculty Scholarship

This article examines the complex dynamics between avatars and in-game advertising, probing how virtual representations influence consumer behavior within digital environments. It delves into the psychological interplay between self-perception and avatar embodiment, suggesting that while younger users may treat avatars as accessories showcasing personal interests, adults tend to opt for idealized selves, affecting their interaction with and responsiveness to virtual marketing. The study contemplates the avatar’s function as both a consumer and influencer in the expanding metaverse, considering the escalating integration of branded items in games. It also highlights potential shifts in consumption patterns as digital and physical realities converge. …

Leveraging Generative Agents: Autonomous Ai With Simulated Personas For Interactive Simulacra And Collaborative Research, James Hutson, Jay Ratican

Faculty Scholarship

The advent of large language models (LLMs) and AI learning have fundamentally reshaped the research landscape, paving the way for novel problem-solving approaches. This paper introduces a unique framework that leverages the capabilities of autonomous AI agents with simulated personas to drive collaborative research in groundbreaking ways. Inspired by a recent study of autonomous agents mirroring human behavior, this concept encourages the use of a cadre of AI agents, each possessing specialized expertise for collective endeavors. By replicating human diversity in teamwork, this approach targets complex and hitherto unsolvable issues. The key to this strategy is persona and emotional simulation, …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue Authors, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Faculty Scholarship

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing United States legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Reporte Final Del Estudio Del "Proyecto De Reintegración Mexicana", Guillermo J. Garcia Sanchez, Sonia Hernandez, Luz E. Herrera, Angela D. Morrison, Huyen Pham, Nancy Plankey-Videla

Faculty Scholarship

El fenómeno de los mexicanos que estan regresando a México después de una estadía prolongada en Estados Unidos es cada vez más importante. Aunque las estimaciones para el período de 2014 a 2019 muestran que más mexicanos han migrado a Estados Unidos de los que se fueron, la migración neta todavía está muy por debajo del pico de migración neta de 1995 a 2000. En el período de 2014-2019, la migración neta de mexicanos a Estados Unidos era de tan solo 160,000 versus 2.3 millones durante el periodo de 1995 a 2000. Entre 2005 y 2014, Estados Unidos experimentó una …

Essence As Algorithm: Public Perceptions Of Ai-Powered Avatars Of Real People, James Hutson, Jay Ratican, Colleen Biri

Faculty Scholarship

This paper investigates the intersection of generative AI, Large Language Models (LLM), and robotics. Exemplified by systems like ChatGPT and technological marvels such as Ameca the Robot, the combination of technologies will allow humans to transcend the limitations of death. Through digital necromancy, a practice encompassing the technological resurrection of deceased individuals, the ability to not only passively see recordings of loved ones but to interact with them is made possible, leading to ethical and psychological considerations. Therefore, examining these trends extends into the motives underlying engagement with both incorporeal and corporeal reproductions of individuals, with reasons ranging from memory …

Individuality And The Collective In Ai Agents: Explorations Of Shared Consciousness And Digital Homunculi In The Metaverse For Cultural Heritage, James Hutson, Jay Ratican

Faculty Scholarship

The confluence of extended reality (XR) technologies, including augmented and virtual reality, with large language models (LLM) marks a significant advancement in the field of digital humanities, opening uncharted avenues for the representation of cultural heritage within the burgeoning metaverse. This paper undertakes an examination of the potentialities and intricacies of such a convergence, focusing particularly on the creation of digital homunculi or changelings. These virtual beings, remarkable for their sentience and individuality, are also part of a collective consciousness, a notion explored through a thematic comparison in science fiction with the Borg and the Changelings in the Star Trek …

Maternal Exposure To Ssris Or Snris And The Risk Of Congenital Abnormalities In Offspring: A Systematic Review And Meta-Analysis, Weiyi Huang, Robin Page, Theresa Morris, Susan Ayres, Alva Ferdinand, Samiran Sinha

Faculty Scholarship

Background

The association of maternal exposure to selective serotonin reuptake inhibitors (SSRIs) or serotonin and norepinephrine reuptake inhibitors (SNRIs) with the risk of system-specific congenital malformations in offspring remains unclear. We conducted a meta-analysis to examine this association and the risk difference between these two types of inhibitors.

Methods

A literature search was performed from January 2000 to May 2023 using PubMed and Web of Science databases. Cohort and case-control studies that assess the association of maternal exposure to SSRIs or SNRIs with the risk of congenital abnormalities were eligible for the study.

Results

Twenty-one cohort studies and seven case-control …

Ai And The Creative Process: Part Two, James Hutson

Faculty Scholarship

Article discussing the effects of artificial intelligence on the creative process in the art world.

Exploring Low-Income, Black Fathers' Strengths And Barriers To Positive Change Using Qualitative Methods, Katie N. Russell, Ashley Withrow, Laura A. Voith, Carmen Vernon, Hyunjune Lee, Sherise Mckinney

Faculty Scholarship

Objective: The goal was to explore low-income, Black fathers' personal strengths and barriers to engaged fatherhood, healthy relationships, and economic stability. Background: Fatherhood programs often rely on case management and education to promote positive fathering, healthy relationships, and economic stability. However, methods should be tailored to fit the strengths and needs of participating fathers. Low-income, Black fathers face additional challenges related to systemic discrimination and structural violence that can hinder their success. To effectively serve this group, research is required to understand their relevant strengths and barriers. Methods: Semistructured focus groups explored fathers' personal strengths and barriers specific to the …

What Do Law Professors Believe About Law And The Legal Academy?, Eric H. Martinez, Kevin Tobia

Faculty Scholarship

Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

An Ally Can Connect Tort Theory To International And Comparative Law, Anita Bernstein

Faculty Scholarship

No abstract provided.

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Faculty Scholarship

Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …

Dobbs V. Jackson Women’S Health: Undermining Public Health, Facilitating Reproductive Coercion, Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier, Cecília Tomori

Faculty Scholarship

Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health infrastructure for reproductive health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary …

Using Multiple Lenses To See An Invisible Group, Kathleen J. Farkas, Jaroslaw Richard Romaniuk

Faculty Scholarship

Social work in Poland and in the United States shares the values of human dignity and self-determination, but there are often value conflicts in terms of how various groups experience social roles and social expectations. This paper explores the use of multiple lenses to understand the past and current conditions for LGBT+ people in Poland. An international, university-level collaboration uses a framework of “invisible groups” to highlight the needs of those who are on the margins of society and whose human and individual rights are suppressed. The article reviews the results of a recently published on-line survey of LGBT+ populations …

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

Shared Cinematic Experience And Emerging Technologies: Integrating Mixed-Reality Components For The Future Of Cinema, James Hutson

Faculty Scholarship

The enduring appeal of traditional cinema viewing in the face of alternative experiences, including streaming services and emerging technologies, such as extended reality, is rooted in its esthetic, cultural, and social significance. While the psychological appeal of shared cinematic experiences has gained attention in scholarship, there is a need to further explore the potential enhancement of these experiences through the integration of immersive technologies. The communal nature of cinema fosters social connection, especially in a post-pandemic context marked by widespread social isolation. This study highlights the psychological benefits of shared cinematic experiences and emphasizes the next phase of cinematic evolution, …

Prescribed Fire Use Among Black Landowners In The Red Hills Region, Usa, Cynthia Twyford Fowler, La’ Portia J. Perkins, Adam Coates, J. Kevin Hiers, Seth W. Bigelow

Faculty Scholarship

The Red Hills Region of southern Alabama, northern Florida, and southwestern Georgia is one of the most prominent areas in the United States for conducting prescribed fire research and is the birthplace of fire ecology. The culture of prescribed burning in the Red Hills has been influenced by multiple ethnic groups, including the Seminole and Creek nations, Black landowners, and White researchers. Given the distinctive reliance of the region on prescribed fire, it is noteworthy that the combined issues of Black land loss, underrepresentation, and incentives for using prescribed fire on private lands in the southeastern United States have generated …

Aggressive End-Of-Life Care Across Gradients Of Cognitive Impairment In Nursing Home Patients With Metastatic Cancer, Siran M. Koroukian, Sara L. Douglas, Long Vu, Hannah L. Fein, Nicholas K. Schiltz, Jennifer Cullen, Cynthia Owusu, Martha Sajatovic, Johnie Rose

Faculty Scholarship

Background: Studies examining end-of-life (EOL) care in older cancer patients are scarce, and prior studies have not accounted for gradients of cognitive impairment (COG-I). We examine EOL care patterns across COG-I gradients, hypothesizing that greater COG-I severity is associated with lower odds of receiving aggressive EOL care. Methods: Using data from the linked Surveillance Epidemiology and End Results (SEER) -Medicare -Minimum Data Set (MDS) 3.0, we identified patients with nursing facility stays (NFS) and who died with metastatic cancer from 2013 to 2017. Markers of aggressive EOL care were: cancer-directed treatment, intensive care unit admission, >1 emergency department visit, or …

Teaching Spatial Data Analysis: A Case Study With Recommendations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

Learning from data is a valuable skill for nonprofit professionals and researchers. Often, data have a spatial component, and data relevant to the nonprofit sector are no exception. Understanding spatial aspects of the nonprofit sector may provide immense value to social entrepreneurs, funders, and policy makers, by guiding programmatic decisions, facilitating resource allocation, and development policy. As a result, spatial thinking has become an essential component of critical thinking and decision making among nonprofit professionals. The goal of this case study is to support and encourage instruction of spatial data analysis and spatial thinking in nonprofit studies. The case study …

Book Review Of The Nutmeg's Curse: Parables For A Planet In Crisis By Amitav Ghosh, Cynthia Twyford Fowler

Faculty Scholarship

Amitav Ghosh, a celebrated author of fiction and nonfiction, earned a doctorate in social anthropology from Oxford. In this iteration of his nonfiction oeuvre, Ghosh’s mapping of the historical entanglement of human rights abuses and environmental exploitation is framed upon the pillars of postcolonialism and posthumanism. Many of the processes he writes about in his acclaimed book The Nutmeg’s Curse: Parables for a Planet in Crisis overlap with the interests of Human Ecology readers. Chapters 4 “Terraforming,” 5 “We Shall be Gone Shortly,” and 6 “Bonds of Earth” may feel familiar to students of environmental histories and aficionados of Alfred …

Exploring The Educational Potential Of Ai Generative Art In 3d Design Fundamentals: A Case Study On Prompt Engineering And Creative Workflows, James Hutson, Bryan Robertson

Faculty Scholarship

AI will be increasingly integrated into artistic practices and creative workflows with prompt engineering assuming an increasingly important role in the process. With readilyavailable generative AI, such as Midjourney, DALL-E 2, and Craiyon (formerly DALLE-mini), anyone can seemingly create "art,” prompting questions about the future necessity of art and design education. However, whereas the ease with which content can be created has seen an outcry from the traditional artmaking community, fears over widespread adoption replacing the need for a firm foundation in art and design principles and fundamentals is unfounded. Instead, these tools should be seen and adopted as other …