Digital Commons Network^™

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Martin

Faculty Scholarship

The long-standing debate about free speech on college campuses was reignited by the latest attack on Israel by Hamas on October 7, 2023. Since then, anti-Israel advocacy at universities has drastically escalated. During demonstrations, protests, and rallies, students shout vile antisemitic slogans, call for the death of Jews and the destruction of Israel, promote violence against Jews, and harass and threaten fellow students because they are Jewish. Some university administrators have been publicly accused of floundering in their responses to intensifying antisemitic campus environments and failing to protect Jewish students from harassment. In defense of their inaction, a frequent retort …

Seeing The Whole Together Through Relational Mapping: A Method For Engaging In Complex Systems Change, John Paul Stephens

Faculty Scholarship

Complex global challenges cut across organizational and sectoral boundaries, increasing calls for holistic responses. Seeing the whole across diverse stakeholders is challenging for participants in complex systems, yet doing so is essential for engaging effectively in systems change. A promising new method known as relational mapping, based on relational coordination theory, has been used to facilitate complex systems change. Here, we propose that relational mapping can be applied to help participants (1) see the whole in relation to the parts, (2) share their explicit and tacit knowledge, (3) engage in dialogue across distinct perspectives supported by the map as a …

Self-Monitoring With Coping Skills And Lifestyle Education For Hypertension Control In Primary Care, Sonal J. Patil, Eno Obong Udoh

Faculty Scholarship

Self-monitoring with support, lifestyle modifications, and emotion management improves blood pressure (BP). Patients with hypertension need continual support to modify behaviors, but time pressures limit lifestyle education in primary care settings. Using mixed methods, we aimed to study the feasibility and acceptability of an innovative 6-week program that combined self-monitoring with coping skills and lifestyle education for patients with uncontrolled hypertension. Patients with uncontrolled hypertension interested in lifestyle modifications before intensifying medications were enrolled from primary care clinics. Patients self-monitored emotions, behaviors, and BPs and received education from medical providers and mind-body therapists through shared medical appointments (SMAs) with an …

Early Use Of Long-Acting Injectable Antipsychotics In Bipolar Disorder Type I: An Expert Consensus, Martha Sajatovic

Faculty Scholarship

Introduction: Long-acting injectable antipsychotics (LAIs) are not routinely offered to patients living with bipolar disorder type I (BP-I), despite widespread evidence that supports their benefits over oral antipsychotics, particularly in early disease. Methods: A round-table meeting of psychiatrists convened to discuss barriers and opportunities and provide consensus recommendations around the early use of LAIs for BP-I. Results: LAIs are rarely prescribed to treat BP-I unless a patient has severe symptoms, sub-optimal adherence to oral antipsychotics, or has experienced multiple relapses. Beyond country-specific accessibility issues (e.g., healthcare infrastructure and availability/approval status), primary barriers to the effective use of LAIs were identified …

Psychological And Social Well-Being Of Bony Fishes In Zoos And Aquariums (Ii), Ronald G. Oldfield

Faculty Scholarship

Research on the behaviour of animals in zoos has been conducted for decades, and observations have provided information that has improved the psychological and social well-being of animals. However, research on fishes in zoos and aquariums seems to be lacking. Here, we assess the current state of research on fishes in zoos and aquariums by surveying the peer-reviewed literature. Our assessment differs from previous surveys in that we examine the taxonomic classes Chondrichthyes (sharks and rays) and Osteichthyes (bony fishes) separately. Our survey finds that bony fishes have been drastically underrepresented in zoo journals, more drastically than chondrichthyans, revealing an …

Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers

Faculty Scholarship

Reasons Why Oral Argument Should Be Heard: Oral argument would significantly aid this Court. This appeal presents important questions about what constitutes excessive force, retaliatory arrest, and unlawful failure to train police officers. Oral argument would allow the Court to investigate the complex facts at issue and the elements of these claims.

A Simple And Fast Optical Clearing Method For Whole-Mount Fluorescence In Situ Hybridization (Fish) Imaging, Junwoo Suh, Yehe Liu, Jordan Smith, Michiko Watanabe, Andrew M. Rollins, Michael W. Jenkins

Faculty Scholarship

We report a single-step optical clearing method that is compatible with RNA fluorescence in situ hybridization (FISH) imaging. We previously demonstrated microscopy imaging with immunohistochemistry and genetic reporters using a technique called lipid-preserving refractive index matching for prolonged imaging depth (LIMPID). Our protocol reliably produces high-resolution three-dimensional (3D) images with minimal aberrations using high magnification objectives, captures large field-of-view images of whole-mount tissues, and supports co-labeling with antibody and FISH probes. We also custom-designed FISH probes for quail embryos, demonstrating the ease of fabricating probes for use with less common animal models. Furthermore, we show high-quality 3D images using a …

Stirred By Your Presence, Jeremy D. Bendik-Keymer

Faculty Scholarship

Traces of you reach me through my senses. But without wondering in your presence, I cannot see you. For beings of sense and meaning such as ourselves, being stirred by another’s presence opens wondering. The implications of such claims are striking for what perception involves, for being in touch with another, and for good relationships. The paper proceeds as a series of “strobes,” from an ancient Greek word for whirling. Turning quickly about, words enact being stirred into won-dering, interspersed with visual glimpses, a photographic series. Building on recent work by the author, the paper draws on Jean-Luc Marion’s phenomenology; …

Proceedings Of The 2022 “Lifestyle Intervention For Epilepsy (Life)” Symposium Hosted By Cleveland Clinic, Martha Sajatovic

Faculty Scholarship

Lifestyle interventions are strategies used to self-manage medical conditions, such as epilepsy, and often complement traditional pharmacologic and surgical therapies. The need for integrating evidence-based lifestyle interventions into mainstream medicine for the treatment of epilepsy is evident given that despite the availability of a multitude of treatments with medications and surgical techniques, a significant proportion of patients have refractory seizures, and even those who are seizure-free report significant adverse effects with current treatments. Although the evidence base for complementary medicine is less robust than it is for traditional forms of medicine, the evidence to date suggests that several forms of …

A Sex Comparison Of The Physical And Physiological Demands Of United States Marine Corps Recruit Training, Bridget A. Mcfadden, Harry P. Cintineo, Alexa J. Chandler, Gianna F, Mastrofini, Caroline Vicenty, Patrick Peterson, Mita Lovalekar, Bradley Nindl, Shawn M. Arent

Faculty Scholarship

PURPOSE: to monitor USMC recruits throughout training to comparatively assess workload, sleep, stress, and performance responses in men and women.

METHODS: 278 recruits (M = 180 & W = 98; Age = 19 ± 2y) were monitored and tested. Workload, sleep, and stress assessments occurred at weeks 2, 7/8, and 11 of training. Workload (energy expenditure per kg body mass [EE], distance [DIS], steps) and sleep (continuity & duration) were tracked over 72-hour periods using wearable accelerometry and heart rate devices. Stress was determined through salivary cortisol. Performance testing (vertical jump [CMJ] and isometric mid-thigh pull [IMTP]), occurred …

Regulating Shipping Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S. federal laws applicable to transportation and geologic storage of carbon dioxide, including laws enacted to implement relevant international treaties. The Article also contextualizes its …

The International Legal Framework Of Oceanic Shipping Of Carbon Dioxide For Permanent Storage, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

The Intergovernmental Panel on Climate Change defines carbon dioxide capture and storage (CCS) as “a process in which a relatively pure stream of carbon dioxide (CO2) from industrial and energy-related sources is separated (captured), conditioned, compressed, and transported to a storage location for long-term isolation from the atmosphere.” Therefore, CCS encompasses a series of steps, at minimum: capturing carbon dioxide, its transportation to a storage site, and its injection into the subsurface for permanent storage. As such, CCS does not refer to any single activity or technology. This Article focuses on the transportation aspect of CCS and, more precisely, …

The 2023 Merger Guidelines: An Assessment, Herbert Hovenkamp, Tim Wu, James Keyte

Faculty Scholarship

The 2023 Merger Guidelines1 are ten months old, but they still need some unpacking. To help our readers think through the issues that the Guidelines raise, Antitrust magazine asked two experienced legal scholars — Professors Tim Wu and Herbert Hovenkamp — to discuss the Guidelines with Antitrust editorial board member James Keyte. This discussion took place on May 28, 2024. The transcript has been edited for length and readability.

Fail Fast, Fail Small: Designing Resilient Systems For The Future Of Software Engineering, Jill Willard, James Hutson

Faculty Scholarship

The principles of "fail fast, fail small" have emerged as critical in modern software and system design. By planning for minor, manageable failures instead of catastrophic breakdowns, developers can ensure that systems degrade gracefully, maintaining functionality even when encountering issues. This article delves into strategies for designing resilient systems, beginning with the concept of slow degradation and distributed systems that prioritize core functions while allowing non-critical components to fail without significant user impact. The Netflix recommendation engine serves as a prime example of a system that continues to operate under failure conditions. Chaos engineering, a proactive methodology for stress-testing system …

Neurological Foundations And Technological Interventions For Dyslexia: Advancements And Challenges, Piper Hutson, James Hutson

Faculty Scholarship

Dyslexia, a complex neurological condition affecting reading and language processing, is intricately tied to variations in brain structure and function. This article explores the neurological underpinnings of dyslexia, emphasizing phonological, visual, and attention-related impairments. Furthermore, the analysis highlights various types of dyslexia—phonological, surface, rapid automatized naming, and visual—while addressing their neurological correlations. It also investigates the relationship between dyslexia and other neurodivergent conditions, such as autism and ADHD, focusing on the neurological overlap and differences. To mitigate the challenges associated with dyslexia, advanced technologies such as virtual reality (VR) and eye-tracking are discussed for their diagnostic and intervention potential. These …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Mhongoose Discovery Of A Gas-Rich Low Surface Brightness Galaxy In The Dorado Group, Stacy Mcgaugh

Faculty Scholarship

We present the discovery of a low-mass, gas-rich low surface brightness galaxy in the Dorado group, at a distance of 17.7 Mpc. Combining deep MeerKAT 21-cm observations from the MeerKAT Hi Observations of Nearby Galactic Objects: Observing Southern Emitters (MHONGOOSE) survey with deep photometric images from the VST Early-type Galaxy Survey (VEGAS) we find a stellar and neutral atomic hydrogen (H i) gas mass of M∗ = 2:23 × 106M⊙ and MHI = 1:68 × 106 M⊙, respectively. This low surface brightness galaxy is the lowest-mass Hi detection found in a group beyond the local Universe (D ≳ 10 Mpc). …

Reply Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth

Faculty Scholarship

Because the Probation Office “dropped the ball,” JA199, false information remained in Rocky Freeman’s pre-sentence report for years. The Bureau of Prisons knew or should have known that it was relying on an inaccurate PSR. Yet, it failed to take any action to obtain correct information until Freeman discovered that BOP had been treating him as if he were a contract killer who had murdered two victims—effectively punishing him for acquitted conduct contrary to a court order. Instead of designating Freeman to the lowest-security-level facility for which he was qualified within 500 miles of his family, the United States sent …

How Do You Like Your Books, Jessica Silbey

Faculty Scholarship

Do you ever wonder how it is that libraries can lend books repeatedly, while copyright owners (e.g., book authors) are granted the exclusive right to distribute their copyrighted works? Or how publishers make money selling books at retail prices when a person can resell books (or buy used books) for much less (hello Amazon Used Books for under a dollar!)? The reason is because of copyright’s “first sale” doctrine, 17 U.S.C. § 109, codifying the common law’s exhaustion principle, which says owners of lawfully made copies are allowed to dispose of those copies without regard to copyright law. In other …

Impact Of Body Mass Index And Vo2 Max On Symptoms, Physical Activity, And Physical Function In A Multinational Sample Of People With Hiv, Christine Horvat Davey, Deepesh Duwadi

Faculty Scholarship

People with HIV (PWH) are at increased risk for metabolic disorders affecting body mass index (BMI), chronic symptoms, and impaired physical function and capacity. Although physical activity improves health and well-being, PWH often do not meet activity recommendations necessary to achieve these benefits. Despite the known impact of symptoms, physical activity, and physical function on health, little is known about the relationships and interactions between these variables and BMI and maximum oxygen consumption during exercise (VO2 max) in a multinational population of PWH. We examined the relationship of BMI with PROMIS-29 measures, physical activity, strength, flexibility, and VO2 max in …

Melanism In Polymorphic Terrestrial Snakes: A Meta-Analysis And Systematic Review, Ryan A. Martin

Faculty Scholarship

Background and Aim: Colour polymorphic populations constitute excellent model systems for testing ecological and evolutionary hypotheses, as alternate colourations are associated with differences in various biological, behavioural and life-history traits. Melanism is the most common and most obvious form of polymorphism. In reptiles in general (and snakes in particular), thermal melanism has been a popular hypothesis used to explain the appearance of black individuals. It suggests that a trade-off exists between superior thermoregulation and reduced protection through the loss of crypsis. Surprisingly, despite the growing body of literature available, to date, there are only two qualitative reviews on the evolutionary …

Synergistic Effects Of Biological Stimuli And Flexion Induce Microcavities Promote Hypertrophy And Inhibit Chondrogenesis During In Vitro Culture Of Human Mesenchymal Stem Cell Aggregates, Bo Zhang, Jim Berilla, Sungwoo Cho, Rodrigo A. Somoza, Jean F. Welter, Harihara Baskaran

Faculty Scholarship

Interzone/cavitation are key steps in early stage joint formation that have not been successfully developed in vitro. Further, current models of endochondral ossification, an important step in early bone formation, lack key morphology morphological structures such as microcavities found during development in vivo. This is possibly due to the lack of appropriate strategies for incorporating chemical and mechanical stimuli that are thought to be involved in joint development. We designed a bioreactor system and investigated the synergic effect of chemical stimuli (chondrogenesis-inducing [CIM] and hypertrophy-inducing medium [HIM]) and mechanical stimuli (flexion) on the growth of human mesenchymal stem cells (hMSCs) …

Kindlin-2 Regulates The Oncogenic Activities Of Integrins And Tgf-Β In Triple-Negative Breast Cancer Progression And Metastasis, Neelum Aziz Yousafzai, Lamyae El Khalki, Wei Wang, Khailid Sossey-Alaoui

Faculty Scholarship

Kindlin-2, an adapter protein, is dysregulated in various human cancers, including triple-negative breast cancer (TNBC), where it drives tumor progression and metastasis by influencing several cancer hallmarks. One well-established role of Kindlin-2 involves the regulation of integrin signaling, achieved by directly binding to the cytoplasmic tail of the integrin β subunit. In this study, we present novel insights into Kindlin-2’s involvement in stabilizing the β1-Integrin:TGF-β type 1 receptor (TβRI) complexes, acting as a physical bridge that links β1-Integrin to TβRI. Loss of Kindlin-2 results in the degradation of this protein complex, leading to the inhibition of downstream oncogenic pathways. We …

Clinical Correlates Of Perceived Stigma Among People Living With Epilepsy Enrolled In A Self-Management Clinical Trial, Martha Sajatovic, Martha Sajatovic, Jessica Black, Jacqueline Krehel-Montgomery, Grace Mcdermott, Joy Yala, Richard Barigye, Clara Adeniyi, Farren Briggs

Faculty Scholarship

Background and Purpose: Stigma is a pervasive barrier for people living with epilepsy (PLWE) and can have substantial negative effects. This study evaluated clinical correlates of perceived stigma in a research sample of PLWE considered to be at high risk due to frequent seizures or other negative health events. Methods: Analyses were derived from baseline data from an ongoing Centers for Disease Control and Prevention (CDC)-funded randomized controlled trial (RCT) testing an epilepsy self-management approach. Standardized measures assessed socio-demographics, perceived epilepsy stigma, epilepsy-related self-efficacy, epilepsy self-management competency, health literacy, depressive symptom severity, functional status, social support and epilepsy-related quality of …

Carbon Isotope Budget Indicates Biological Disequilibrium Dominated Ocean Carbon Storage At The Last Glacial Maximum, Anne Willem Omta

Faculty Scholarship

Understanding the causes of the ~90 ppmv atmospheric CO2 swings between glacial and interglacial climates is an important open challenge in paleoclimate research. Although the regularity of the glacial-interglacial cycles hints at a single driving mechanism, Earth System models require many independent physical and biological processes to explain the full observed CO2 signal. Here we show that biologically sequestered carbon in the ocean can explain an atmospheric CO2 change of 75 ± 40 ppmv, based on a mass balance calculation using published carbon isotopic measurements. An analysis of the carbon isotopic signatures of different water masses indicates similar regenerated carbon …

Breakthrough Conductivity Enhancement In Deep Eutectic Solvents Via Grotthuss-Type Proton Transport, Desiree Mae Prado, Clemens Burda, Anthony Jahng, Kayla Poling

Faculty Scholarship

There is an increasing demand for the development of ion-conducting electrolytes for energy storage systems. Much attention is directed toward deep eutectic solvents as potential candidates. In the search for highly conductive systems, the possibility of designing deep eutectic solvents with Grotthuss-type proton transport is widely overlooked. Herein, ethaline, a mixture of choline chloride and ethylene glycol is used in a 1:2 molar ratio, to induce a significant conductivity increase with the addition of water and sulfuric acid (H₂SO₄). The achieved breakthrough conductivity is analyzed experimentally and simulated with ab initio molecular dynamics (AIMD). At sufficient water content, an H-bonding …

Adaptive Worlds: Generative Ai In Game Design And Future Of Gaming, And Interactive Media, Jay Ratican, James Hutson

Faculty Scholarship

Generative AI is revolutionizing the field of game design, introducing unprecedented adaptability and personalization in gameplay. The latest advancements in AI-driven engines enable real-time content creation, offering dynamic, player-driven experiences that diverge from traditional pre-programmed narratives. This shift marks a transition toward "choose your own adventure" formats, with an unlimited number of variations in levels, enemies, collectibles, and weaponry, tailored to each player's decisions. Google's GameNGen, for example, showcases AI's capacity to recreate classic games like DOOM, learning and generating gameplay in real time. These innovations are not restricted to gaming alone; they extend to edutainment, television, and film, where …