Digital Commons Network^™

Under Political Pressure: How Courts And Congress Can Help Prosecutors Do Justice, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

Some subordinate federal prosecutors faced a challenging professional dilemma in the early days of the second Trump Administration. It arose from the tension between their role as public officials and lawyers who owe fiduciary duties to the public and their role as Department of Justice (DOJ) employees who take direction from higher-ups. The DOJ leadership directed these subordinate prosecutors to use their considerable power in ways evidently designed to advance partisan political objectives. This was contrary to the clear understanding previously expressed by courts, the legal profession, and the DOJ itself that prosecutors have a duty to seek justice, which …

Novel Sex Work Anti-Discrimination Protections, Chi Adanna Mgbako, Christine Eldabh, Katie Falk, Emma Pennie

Faculty Scholarship

Sex workers throughout the world experience ubiquitous and acute discrimination in every facet of their lives due to deeprooted stigma. Societal fear and hatred of sex workers often lead to their exclusion from healthcare services, financial institutions, and accessible housing, as well as their marginalization by the carceral state, family law systems, media, and politicians. Between 2022 and 2024, the Australian jurisdictions of the Northern Territory, Queensland, and Victoria passed groundbreaking legislation codifying novel anti-discrimination protections for sex workers. These laws are the first in the world to explicitly protect sex workers against discrimination in accommodation, employment, government services, and …

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 …

Navigating The Growing Prospects And Growing Pains Of Managed Aquifer Recharge, Dave Owen, Helen Dahlke, Andrew Fisher, Ellen Bruno, Michael Kiparsky

Faculty Scholarship

Increasing water demands and declining groundwater levels have led to rising interest in managed aquifer recharge. That interest is growing in the United States—the focus of this article—and elsewhere. Increasing interest makes sense; managed aquifer recharge can reduce water-supply challenges and provide environmental benefits, sometimes with lower costs than alternative water-management approaches. But managed aquifer recharge also faces growing pains, which will make it difficult for projects to scale up and may limit the benefits provided by those projects that do go forward. Some of the problems arise from the challenges of finding physically suitable locations for managed aquifer recharge; …

Minimax Under Pressure: The Case Of Tennis, Ben Depoorter, Simon Jantschgi, Ivan Lendl, Miha Mlakar, Heinrich N. Nax

Faculty Scholarship

A series of articles has tested von Neumann’s minimax theory against behavioral evidence based on field data from professional sports. The evidence has been viewed and collectively cited as positive evidence that elite athletes in their familiar sports contexts mix well and behave in line with minimax. In this paper, based on open state-of-the-art tennis data and analytics, we shall uncover new and significant evidence against minimax at the very top of the game, where previously, such results had not been obtained. The kinds of behavioral deviations from minimax that we find become apparent, because we enrich the test strategy …

Legislatively Erased: The Failure Of Privacy Legislation To Protect People Connected To The Criminal Legal System, Kate Weisburd, Chaz Arnett

Faculty Scholarship

No abstract provided.

The Ninth Circuit’S Nod To Anti-Vaccine Advocates, Richard H. Hughes Iv, Dorit R. Reiss

Faculty Scholarship

On June 7, 2024, a three-judge panel of the Ninth Circuit issued a decision that, while it did not go as far as anti-vaccine activists claimed, clearly drew on anti-vaccine tropes, and suggested a retreat from important public health precedents.

This Article explains the decision and the way in which it can undermine public health law. In short, the decision is problematic in two ways. First, it accepts claims that are untrue on their face. By ignoring the evidence and facts provided by public health authorities and experts, the opinion demonstrates further erosion of the high deference to expertise embodied …

Cdc As A Debunker: The Limits Of Government In Countering Misinformation, Dorit R. Reiss

Faculty Scholarship

This Article argues that even in the best of times, government agencies are not well suited to debunking misinformation and suggests as alternatives a role for government in providing accurate information, a potential role for government in providing grants for debunking, and a more central role for private institutions in supporting debunking. It uses, as a case study, the Centers for Disease Control and Prevention (CDC)’s response to vaccine misinformation, focusing on issues the CDC has been addressing since before the COVID-19 pandemic, to highlight that the problem goes beyond the challenges of responding fast and accurately to the uncertainties …

Taking The Name Brown In Vain: Separate But Equal, Brown And The Harvard Case, Matthew Coles

Faculty Scholarship

Bad history in legal opinions is understandable, if most of the time not excusable. Bad legal analysis in Supreme Court opinions is not. Judges are not trained historians. They are trained lawyers. They should know how to do law. This essay is about bad lawyering at the Court. Specifically, this essay is about the shoddy misuse of Brown v. Board of Education, the canonical case in which the Supreme Court finally began to use the 14th Amendment to protect Black people, in Students for Fair Admissions v. Harvard.

Water And The Western City, Dave Owen

Faculty Scholarship

No abstract provided.

Managing The Cost Of Services For People With Disabilities: An International Approach. Part I: Poland, Dana Pugh, Jaroslaw Richard Romaniuk

Faculty Scholarship

Introduction: The cost of care for people with disabilities is rising, whereas all forms of support for them are decreasing. Countries and communities develop different ways to serve the disabled. We examined the comprehensive state of care from the perspective of cost management of services for individuals with disabilities in Poland. Method: This paper is based on a review of relevant international literature, with a special focus on the situation in Poland. A keyword search was completed in both Polish- and English-language databases. Results: In Poland, people with disabilities usually live with their families, and specialized services are offered outside …

Opportunities To Address Health Disparities In Suicidality For Sexual And Gender Minority Youth In Public Systems, Dana M. Prince, Kathleen Lewis, Peter S. Hovmand

Faculty Scholarship

No abstract provided.

Stress Testing Deep Learning Models For Prostate Cancer Detection On Biopsies And Surgical Specimens, Brennan T. Flannery, Anant Madabhushi

Faculty Scholarship

The presence, location, and extent of prostate cancer is assessed by pathologists using H&E-stained tissue slides. Machine learning approaches can accomplish these tasks for both biopsies and radical prostatectomies. Deep learning approaches using convolutional neural networks (CNNs) have been shown to identify cancer in pathologic slides, some securing regulatory approval for clinical use. However, differences in sample processing can subtly alter the morphology between sample types, making it unclear whether deep learning algorithms will consistently work on both types of slide images. Our goal was to investigate whether morphological differences between sample types affected the performance of biopsy-trained cancer detection …

Structural And Electronic Factors Controlling The Efficiency And Rate Of Intersystem Crossing To The Triplet State In Thiophene Polycyclic Derivatives, Cameron Griffrith, Sarah E. Krul, Sean J. Hoehn, Tram Phan, Carlos E. Crespo-Hernández

Faculty Scholarship

Thiophene polycyclic derivatives are widely used in organic light-emitting diodes, photovoltaics, and medicinal chemistry applications. Understanding the electronic and structural factors controlling their intersystem crossing rates is paramount for these applications to be successful. This study investigates the photophysical, electronic structure, and excited state dynamics of 1,2-benzodiphenylene sulfide, benzo[b]naphtho[1,2-d]thiophene, and benzo[b]naphtho[2,3-d]thiophene in polar aprotic and non-polar solvents. Steady-state absorption and emission spectroscopy, femtosecond transient absorption spectroscopy, and DFT and TD-DFT calculations are employed. Low fluorescence quantum yields of 1.2 to 2.7 % are measured in acetonitrile and cyclohexene, evidencing that the primary relaxation pathways in these thiophene derivatives are nonradiative. …

Effect Of Polyacrylamide Gel Elasticity On Collagen Type Ii Fibril Assembly, Kathryn G. Wilcox, Stephanie Kramer, Surajit Chatterjee, Adam Linscott, Sneha Suresh, Lydia Kisley, Svetlana Morozova

Faculty Scholarship

Collagen type II fibrils provide structural integrity to the articular cartilage extracellular matrix. However, the conditions that control the fibril radial size scale, distribution, and formation inside of dense networks are not well understood. We have investigated how surrounding elastic networks affect fibril formation by observing the structure and dynamics of collagen type II in model polyacrylamide gels of varying moduli. Cryogenic transmission electron microscopy (cryo-TEM) is used to image the fibril structure and is verified qualitatively with optical microscopy of fluorescently-tagged collagen within the gels. Using fluorescence correlation spectroscopy super-resolution optical fluctuation imaging (fcsSOFI), the diffusion dynamics of the …

Assistive Technologies For Internet Navigation: A Review Of Screen Reader Solutions For The Blind And Visually Impaired, Juan Nino, Sherezada Ochoa, Jocelyne Kiss, Geoffreyjen Edwards, Ernesto Morales, James Hutson, Frédérique Poncet, Walter Wittich

Faculty Scholarship

The internet is a critical resource for individuals with visual impairments (VI), including those with low vision or blindness, enabling access to information and fostering independent participation in society. However, despite advancements in screen reader software, challenges persist in navigating complex and dynamic web content. This narrative review evaluates Assistive Technologies (AT), which enhance internet navigation for VI screen reader users, focusing on design strategies and usability outcomes. A systematic search across the ACM Digital Library, IEEE Xplore, JSTOR, and ScienceDirect identified 698 studies, of which 33 met the inclusion criteria, encompassing 502 participants. Key themes were extracted from bibliographic …

From Codex To Code: Pedagogical Transformations In The Age Of Technological Innovation, James Hutson, W. Travis Mcmaken, Kathi Vosevich

Faculty Scholarship

Generative Artificial Intelligence (GAI) is revolutionizing education, echoing historic shifts such as the emergence of the codex and the printing press. GAI automates complex tasks and personalizes learning to individual needs, enhancing interdisciplinary collaboration and bolstering critical thinking and ethical reasoning skills. Initiatives in new, innovative programming illustrate the benefits of embedding these generative technologies to foster cultural competence and innovative problem-solving. Research indicates that intelligent tools significantly enhance learner engagement and access to quality education, enriching learning environments. However, integrating these tools introduces challenges, including ethical dilemmas, academic integrity issues, and resource disparities. These challenges necessitate comprehensive policy development, …

Neuroplasticity And Creativity: Transformative Potential Of Fibre Arts For Growth And Well-Being, Piper Hutson, James Hutson

Faculty Scholarship

This article explores the transformative potential of fibre arts—such as quilting, weaving, and embroidery—as tools for personal growth, neuroplasticity, and well-being. Drawing on neuroscience and psychology, it demonstrates how engaging with fibre arts stimulates brain regions associated with problem-solving, sensory integration, and adaptability, fostering neural growth and enhancing cognitive flexibility. Fibre arts, through their inherent challenges and opportunities for play, provide a perfect medium for stepping beyond familiar boundaries, cultivating resilience, and reducing stress. This interplay of creativity and tactile engagement is particularly effective due to the historical undervaluation of fibre arts, which makes them novel and accessible mediums that …

Expanding Sensory Kit Utilization Across Age And Contexts: Bridging Gaps For Inclusive Accessibility, Piper Hutson, James Hutson

Faculty Scholarship

Sensory kits, initially developed for neurodivergent children, have seen growing integration into various educational, cultural, and therapeutic contexts. However, their broader applicability, particularly for adults and diverse populations, remains underexplored. This study examines existing practices in the design and use of sensory kits within academic, museum, and inclusion frameworks, highlighting their role in promoting focus, reducing anxiety, and supporting self-regulation. Using case studies from institutions such as the Smithsonian and the Metropolitan Museum of Art, alongside a review of evidence-based interventions like weighted items and fidget tools, the research underscores the potential of these tools in diverse environments. The methodology …

The Evolving Role Of Copyright Law In The Age Of Ai-Generated Works, James Hutson

Faculty Scholarship

Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.

Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.

Results:the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded …

Transplantation And Immortality: A Selective History Of Boston University’S Center For Health Law, Ethics & Human Rights, George J. Annas

Faculty Scholarship

The celebration of the anniversary of the Center for Health Law, Ethics & Human Rights (the “Center”) provides an opportunity to reflect on what defines the field of health law, as well as its conjoined twins of bioethics and human rights. The related fields are vast, and the subjects they encompass are ever-expanding. It is probably impossible to lay out a summary that does justice to their expansive, interdisciplinary scope. Instead, my discussion of the Center examines a subject that barely existed when the Center was formed in 19581 and that continues to make headlines more than sixty–six years later …

The Algorithm Of Fear: Unpacking Prejudice Against Ai And The Mistrust Of Technology, James Hutson, Daniel Plate

Faculty Scholarship

The mistrust of AI seen in the media, industry and education reflects deep-seated cultural anxieties, often comparable to societal prejudices like racism and sexism. Throughout history, literature and media have portrayed machines as antagonists, amplifying fears of technological obsolescence and identity loss. Despite the recent remarkable advancements in AI—particularly in creative and decision-making capacities—human resistance to its adoption persists, rooted in a combination of technophobia, algorithm aversion, and cultural narratives of dystopia. This review investigates the origins of this prejudice, focusing on the parallels between current attitudes toward AI and historical resistance to new technologies. Drawing on examples from popular …

Algotric: Symmetric And Asymmetric Encryption Algorithms For Cryptography – A Comparative Analysis In Ai Era, Naresh Kshetri, Mir Mehedi Rahman, Md Masud Rana, Omar Faruq Osama, James Hutson

Faculty Scholarship

The increasing integration of artificial intelligence (AI) within cybersecurity has necessitated stronger encryption methods to ensure data security. This paper presents a comparative analysis of symmetric (SE) and asymmetric encryption (AE) algorithms, focusing on their role in securing sensitive information in AI-driven environments. Through an in-depth study of various encryption algorithms such as AES, RSA, and others, this research evaluates the efficiency, complexity, and security of these algorithms within modern cybersecurity frameworks. Utilizing both qualitative and quantitative analysis, this research explores the historical evolution of encryption algorithms and their growing relevance in AI applications. The comparison of SE and AE …

Interactional Ordering: Reconstructing Lon Fuller's Theory Of Private Law, Shyamkrishna Balganesh

Faculty Scholarship

While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed the outlines of a robust theory of private law, best characterized as “interactional ordering.” Driven by Fuller’s efforts to develop a jurisprudence of form that was derived from conventionalism and natural law thinking, interactional ordering sees all normativity as originating in horizontal interactions between individuals in society, seeking …

Contesting And Controlling Abortion In China’S Courts, Molly Bodurtha, Benjamin L. Liebman, Li Chenquian, Xiaohan Wu

Faculty Scholarship

The decision of the United States Supreme Court in Dobbs v. Jackson Women’s Health Organization has brought renewed global attention to how legal systems protect and restrict women’s reproductive autonomy. Central themes have included how the rollback of reproductive rights in the United States coincides with the judiciary’s embrace of a broader “jurisprudence of masculinity” and the relationship between abortion restrictions and authoritarianism, as multiple countries have enacted restrictive measures while undergoing democratic backsliding.

Yet, the scholarly conversation on abortion, democracy, and how courts reflect and entrench gender disparities entirely omits China — the largest authoritarian state and a country …

Video Game Development 3.0: Ai-Driven Collaborative Co-Creation, Jay Ratican, James Hutson

Faculty Scholarship

The evolution of game development has transitioned from manual coding (Software 1.0) to data-driven Artificial Intelligence (AI) (Software 2.0), and now to a more advanced stage—video game development 3.0. This phase is characterized by AI-driven processes leveraging large language models (LLMs), neural networks, and other AI techniques that autonomously generate code, content, and narratives. This paper explores the foundational technologies underpinning this paradigm shift, including customizable AI modules, dynamic asset creation, and intelligent non player characters (NPCs) that adapt to player interactions. It also highlights the integration of AI with emerging technologies like Virtual Reality (VR), Augmented Reality (AR), and …

Acute Alpha-Glycerylphosphorylcholine Supplementation Enhances Cognitive Performance In Healthy Men, Chad M. Kerksick

Faculty Scholarship

Background: Choline is an essential nutrient required for proper cell functioning. Due to its status as a precursor to acetylcholine, an important neurotransmitter connected to cognition and neuromuscular function, maintaining or enhancing choline levels is of interest. Supplementation with alpha-glycerylphosphorycholine (A-GPC) can maintain choline levels, but its ability to offer support towards cognition remains an area of ongoing research. Methods: Using a randomized, double-blind, placebo-controlled, crossover approach, 20 resistance-trained males (31.3 ± 11.0 years, 178.6 ± 7.3 cm, 84.6 ± 11.4 kg, 15.4 ± 5.6% body fat) consumed either a placebo (PL), 630 mg A-GPC (HD), or 315 mg (LD) …

International Society Of Sports Nutrition Position Stand: Β-Hydroxy-Β-Methylbutyrate (Hmb), John A. Rathmacher, Lisa M. Pitchford, Jeffrey R. Stout, Jeremy R. Townsend, Ralf Jägerg, Richard B. Kreider, Bill I. Campbell, Chad M. Kerksick, Patrick S. Harty, Darren G. Candow, Brandon M. Roberts, Shawn M. Arent, Douglas S. Kalman, Jose Antonio

Faculty Scholarship

Position Statement: The International Society of Sports Nutrition (ISSN) bases the following position stand on an analysis of the literature regarding the effects of β-Hydroxy-β-Methylbutyrate (HMB). The following 12 points have been approved by the Research Committee of the Society: 1. HMB is a metabolite of the amino acid leucine that is naturally produced in both humans and other animals. Two forms of HMB have been studied: Calcium HMB (HMB-Ca) and a free acid form of HMB (HMB-FA). HMB-FA appears to lead to increased appearance of HMB in the bloodstream when compared to HMB-Ca, though recent results are mixed. 2. …

Dileucine Ingestion, But Not Leucine, Increases Lower Body Strength And Performance Following Resistance Training: A Double-Blind, Randomized, Placebo-Controlled Trial, Anthony M. Hagele, Joesi M. Krieger, Connor J. Gaige, Kevin F. Holley, Kristen N. Gross, Joshua M. Ianotti, Leah E. Allen, Paige J. Sutton, Logan S. Orr, Petey W. Mumford, Martin Pupura, Ralf Jager, Chad M. Kerksick

Faculty Scholarship

Background

The essential amino acid leucine (LEU) plays a crucial role in promoting resistance-training adaptations. Dileucine (DILEU), a LEU-LEU dipeptide, increases MPS rates, however its impact on resistance training outcomes remains unexplored. This study assessed the effects of DILEU supplementation on resistance training adaptations.

Methods

Using a randomized, double-blind, placebo-controlled approach, 34 resistance-trained males (age: 28.3 ± 5.9 years) consumed 2 grams of either DILEU monohydrate (RAMPS™, Ingenious Ingredients, L.P.), LEU, or placebo (PLA) while following a 4-day per week resistance training program for 10 weeks. Changes in body composition, 1-repetition maximum (1RM) and repetitions to failure (RTF) for leg …

Part Ii. Common Questions And Misconceptions About Creatine Supplementation: What Does The Scientific Evidence Really Show?, Jose Antonio, Ann F. Brown, Darren G. Candow, Philip D. Chilibeck, Stacey J. Ellery, Scott C. Forbes, Bruno Gualano, Andrew R. Jagim, Chad Kerksick, Richard B. Kreider, Sergej M. Ostojic, Eric S. Rawson, Michael D. Roberts, Hamilton Roschel, Abbie E. Smith-Ryan, Jeffrey R. Stout, Mark A. Tarnopolsky, Trisha A. Vandusseldorp, Darryn S. Willoughby, Tim N. Ziegenfuss

Faculty Scholarship

Creatine monohydrate supplementation (CrM) is a safe and effective intervention for improving certain aspects of sport, exercise performance, and health across the lifespan. Despite its evidence-based pedigree, several questions and misconceptions about CrM remain. To initially address some of these concerns, our group published a narrative review in 2021 discussing the scientific evidence as to whether CrM leads to water retention and fat accumulation, is a steroid, causes hair loss, dehydration or muscle cramping, adversely affects renal and liver function, and if CrM is safe and/or effective for children, adolescents, biological females, and older adults. As a follow-up, the purpose …