Digital Commons Network^™

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan

Faculty Scholarship

A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …

Creatine Supplementation Is Safe, Beneficial Throughout The Lifespan, And Should Not Be Restricted, Richard Kreider, Andrew Jagim, Jose Antonio, Douglas Kalman, Chad Kerksick, Jeffrey R. Stout, Robert Wildman, Rick Collins, Diego A. Bonilla

Faculty Scholarship

As researchers investigating creatine supplementation, we have become increasingly concerned about reports that government agencies are attempting to restrict the sale of dietary supplements, including dietary supplements containing creatine, to children and adolescents. Creatine is a naturally occurring compound found in every cell in the human body that plays a critical role in cellular metabolism. The daily turnover of creatine is about 2–4 grams/day, depending on muscle mass and physical activity levels (1, 2). About half of the daily need for creatine is synthesized in the body from amino acids (arginine, glycine, methionine) and stored as free creatine or phosphocreatine …

Enhancing Metacognitive Competencies Through Human-Centered Ai: The Role Of Custom-Trained Intelligent Agents In Workforce Upskilling, James Hutson

Faculty Scholarship

This editorial examines the integration of human-computer intelligent interaction (HCII), specifically through human-centered artificial intelligence (AI) and custom-trained intelligent agents, to foster metacognitive competencies critical for workforce upskilling. With 59% of the workforce projected to require substantial upskilling by 2030, developing personalized AI models tailored to individual cognitive and learning profiles presents an innovative pathway. These custom-trained agents leverage human-computer interaction (HCI) technologies and machine learning methodologies to enhance understanding of one’s own learning processes-metacognition-thus empowering individuals to optimize their future learning and adaptability. This approach not only enhances the individual’s ability to engage effectively with complex tasks in the …

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …

Property And Prejudice, Fatma E. Marouf, Vanessa Casado Pérez

Faculty Scholarship

“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food …

Managing The Cost Of Services For People With Disabilities: International Approach. Part Ii: Ohio, United States, Dana Pugh, Jaroslaw Richard Romaniuk

Faculty Scholarship

Introduction: Four years of managing a housing network for people with disabilities prompted a rethinking of the financial management of the services offered. Clients with different needs require diverse professional staff for their home care. Emergency situations require that professionals offering assistance maintain the highest level of education possible. Financial resources often limit the quality of care for people with disabilities. Method: This paper is based on a literature search and on professional experience (Dana Pugh) in the management of a housing program for people with disabilities in Cleveland, Ohio (USA). Findings: In Poland, people with disabilities usually live with …

How Engineering Students Learn And Are Impacted By Empathy Training: A Multi-Year Study Of An Empathy Program Focused On Disability And Technology, Eric Schearer

Faculty Scholarship

Measurable results of efforts to teach empathy to engineering students are sparse and somewhat mixed. This study’s objectives are (O1) to understand how empathy training affects students’ professional development relative to other educational experiences, (O2) to track empathy changes due to training over multiple years, and (O3) to understand how and what students learn in empathy training environments.

Behavior Of Rio Sao Francisco Piranhas In Response To Changes In Space And Density, Ronald G. Oldfield, Josie E. Thal, Kristen E. Lukas

Faculty Scholarship

Previous observations of Rio Sao Francisco piranhas (Pygocentrus piraya) at Cleveland Metroparks Zoo revealed frequent aggressive interactions, which were associated with the injury and death of some individuals. Fishes are known to increase aggressive behavior when available space is limited. We compared the behavior of the piranhas longitudinally across three different space/density conditions: (1) in a group held in a small aquarium before the death of one individual, (2) in the same group after the death of one individual, (3) and in one individual of the group after it was later moved into a larger, multispecies aquarium. In the smaller …

Global Aging & Geriatric Experiments In Bipolar Disorder (Gage-Bd): Building A Global Consortium Benefiting People With Bipolar Disorder In Later Life, Martha Sajatovic

Faculty Scholarship

Purpose of Review: Findings from the Global Aging & Geriatric Experiments in Bipolar Disorder (GAGE-BD) project, including sociodemographic and clinical information from older age bipolar disorder (OABD) and healthy participants around the globe (approximately N = 5000) were reviewed. Data was collected in multiple waves to create a large integrated dataset. Recent Findings: BD does not seem to fade with age. BD subtype and early/late onset did not show significant differences in daily functioning. Physical comorbidities were more frequent in OABD compared with controls. Women with OABD had an earlier age at onset and more psychiatric hospitalizations. Summary: GAGE-BD is …

The Virtual Wunderkammer: Integrating Neuroinclusive Design And Ai-Augmented Technologies For Immersive Museum Experiences, Piper Hutson, James Hutson

Faculty Scholarship

The Virtual Wunderkammer represents an innovative paradigm in museum exhibition design, integrating neuroinclusive principles with artificial intelligence (AI)-augmented technologies to foster immersive and cognitively accessible visitor experiences. Historically, the Wunderkammer, or "cabinet of curiosities," served as a precursor to modern museums, offering eclectic collections that stimulated intellectual curiosity and sensory engagement. The contemporary reimagining of this concept utilizes emerging technologies such as augmented reality (AR), virtual reality (VR), haptic feedback, and olfactory-enhanced digital environments to create personalized, adaptive museum experiences. This study explores the critical intersection of neuroaesthetics, cognitive science, and AI-driven interactivity in digital exhibitions, emphasizing their potential to …

Shadow Banking And Securities Law, Gabriel Rauterberg, Jeffery Y. Zhang

Faculty Scholarship

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation — aptly termed “shadow banks” — were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route …

Psychosocial Burden And Suicidality In Epilepsy: A Public Health Concern, Martha Sajatovic

Faculty Scholarship

The increased risk for psychosocial burden and suicidality in people with epilepsy compared to the general population is a well-established global public health concern. Suicidality risk is also increased in patients with functional seizures. The timely identification of patients at highest risk for psychosocial burden and self-harm is vital. This can pose a significant challenge for multidisciplinary clinicians caring for people with epilepsy. Early identification of social stressors and comorbid psychiatric contributors via screening are required to assist with the development of predictive models for self-harm in epilepsy; and subsequent options for treatment and the provision of adjunct supports in …

Development Of A Self-Management Tool For Individuals With Seizure Clusters: Trial Design And Methodological Report, Molly Mcvoy, Eytan Hirsch, Luisa Londono, Kari Colón-Zimmermann, Jin Seok Cho, Evelyn K. Shih, Martha Sajatovic

Faculty Scholarship

Background: Despite advances in anti-seizure medications (ASMs) for people with epilepsy (PWE), adverse outcomes, negative health events (NHEs), and breakthrough seizures remain common. Rescue medication (RM) can better manage repetitive seizures, but barriers to RM use persist. Self-management for PWE and a history of NHEs (SMART) is an evidence-based epilepsy self-management program aimed at reducing barriers and maximizing facilitators to self-care in high-risk PWE. Methods: This 2-phase, ongoing clinical trial adapts SMART to integrate RM support for PWE with repetitive seizures. Phase 1, now completed, used input from an advisory board (AB) of PWE, caregivers, and clinicians to adapt the …

Human-Ai Collaboration In Writing: A Multidimensional Framework For Creative And Intellectual Authorship, James Hutson

Faculty Scholarship

The integration of AI technologies into the writing process has significantly altered traditional notions of authorship, creativity, and intellectual labor. Historically, writing was seen as a human-driven cognitive and creative exercise, but with the rise of generative AI tools such as ChatGPT and Claude, the line between human and AI contributions has become increasingly ambiguous. This paper addresses the limitations of the current sliding scale model, which views AI involvement as ranging from “none” to “complete”. In its place, we propose a new multidimensional framework that more accurately reflects the complexity of human-AI collaboration in writing. The model includes axes …

Performing Protest, Performing Memory: Speech Act Theory And January 6, Mary Lynne Gasaway Hill

Faculty Scholarship

In daily life, memory performs a staggering array of tasks. It offers reassurance, validation, legitimation, and approval. It transgresses boundaries and polices them. It confirms understandings and undermines them. It warms our hearts and chills our blood. In the realm of protest, as this article will show, memory works through intentional language use. In the context of activism, acts of memory are often performative: they aim not just to restate the status quo, but to change something about it. This chapter operationalises J.L. Austin’s Speech Act Theory (1994, SAT) as a lens through which to examine how the contentious discourse …

Novel Biomarkers Of Fetal And Neonatal Environmental Exposure, Effect And Susceptibility, Cynthia F. Bearer

Faculty Scholarship

Abstract: Rapid advancements in science and technology have allowed medical providers to treat wider ranges of diseases with safer and more effective therapies than ever before. One of the areas of health that has been consistently understudied, however, is one that affects us all: environmental health or the effects that the chemicals we are exposed to every day have on our acute and chronic health. This effect can be exacerbated during and shortly after pregnancy, as an individual exposure is often shared by both the mother and the fetus/neonate. The diagnosis and monitoring of chemical exposure can be quite challenging, …

Can Chatgpt Implement Finite Element Models For Geotechnical Engineering Applications?, Hyoung Suk Suh

Faculty Scholarship

This study assesses the capability of ChatGPT to generate finite element code for geotechnical engineering applications from a set of prompts. We tested three different initial boundary value problems using a hydro-mechanically coupled formulation for unsaturated soils, including the dissipation of excess pore water pressure through fluid mass diffusion in one-dimensional space, time-dependent differential settlement of a strip footing, and gravity-driven seepage. For each case, initial prompting involved providing ChatGPT with necessary information for finite element implementation, such as balance and constitutive equations, problem geometry, initial and boundary conditions, material properties, and spatiotemporal discretization and solution strategies. Any errors and …

We Need To Talk: Modernizing Attorney-Client Jail Communications, Cynthia Alkon

Faculty Scholarship

Attorney-client jail phone calls, video calls, and emails are all routinely recorded and monitored by jails, with numerous examples of jails and private telecommunications providers giving those recordings and emails to law enforcement and prosecutors. This widespread failure to protect the confidentiality of attorney-client communications prevents lawyers from being able to enjoy easy, quick, and regular communications with their clients. In practice, and despite the ever-expanding communication methods in the outside world, those held in jails in this country while their criminal cases are pending are effectively stuck in the nineteenth century when the only way to communicate was in …

Tradeoffs In The Energetic Value Of Neuromodulation In A Closed-Loop Neuromechanical System, Zhuojun Yu, Peter J. Thomas, Hillel J. Chiel

Faculty Scholarship

Rhythmic motor behaviors controlled by neuromechanical systems, consisting of central neural circuitry, biomechanics, and sensory feedback, show efficiency in energy expenditure. The biomechanical elements (e.g., muscles) are modulated by peripheral neuromodulation which may improve their strength and speed properties. However, there are relatively few studies on neuromodulatory control of muscle function and metabolic mechanical efficiency in neuromechanical systems. To investigate the role of neuromodulation on the system's mechanical efficiency, we consider a neuromuscular model of motor patterns for feeding in the marine mollusk Aplysia californica. By incorporating muscle energetics and neuromodulatory effects into the model, we demonstrate tradeoffs in the …

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

Faculty Scholarship

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

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

Faculty Scholarship

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

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

Faculty Scholarship

No abstract provided.

Sailing Stormy Waters: Leadership And Advocacy In Uncertain Times, Janine Galeski

Faculty Scholarship

In times of uncertainty and rapid change, health care leaders face unique challenges. This article explores best practices for leadership and advocacy in healthcare across five spheres of leadership influence: personal, interpersonal, organization, community, and society. Leaders can reduce the adverse effects of uncertainty by operating within the intersection of evidence-based practice, legal compliance, and ethical decision-making. This article explores practical applications and real-world examples in all 5 spheres of leadership influence.

When Lsat Doesn't Matter And Other Surprising Finds From A Deep Dive Into Academic Probation In Law School, Kari Milligan, Ryan Jerome Lecount

Faculty Scholarship

Numerous students nationwide are placed on academic probation and ultimately dismissed from law school each year. While students often carefully conceal their probationary status, their lack of visibility within legal communities should not be mistaken for an absence of need. These students are frequently uniquely vulnerable—facing unexpected family emergencies or entering law school unprepared. The consequences of dismissal are dire, with students experiencing adverse mental health effects and financial exigencies. During the 2023–2024 academic year alone, tuition and fees for a single year of law school ranged from $30,000 to $48,000. Yet, little research—particularly quantitative—has been conducted in service of …

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

Faculty Scholarship

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

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

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

Overcoming Judicial Innumeracy: A Proposal To Bring The Venerable Process Of Peer Review To The Enduring Problem Of Courts’ Scientific Illiteracy, David L. Faigman

Faculty Scholarship

Lawyers are not known for their proficiency in math and science. Most of us who went to law school reached a point in our math and science studies when we realized that neither medicine nor engineering were likely to be successful career paths. It is these lawyers who become judges. Yet, the United States Supreme Court has increasingly put the burden for deciding complex scientific and technical questions in the hands of judges. This Article explores this trend of putting greater responsibility for deciding scientific and technical issues on judges, particularly in the areas of evidence law, administrative law, and …

Criminal Procedure Without Consent, Kate Weisburd

Faculty Scholarship

Scholars and advocates have long argued that a person’s consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a “choice” is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices—choices that are often just as coerced and …

In Search Of A State, Maeve Glass

Faculty Scholarship

This article offers a legal history of one of America’s earliest campaigns of state legislative resistance: the effort in Massachusetts to protest the national government’s perceived dismantling of an old Atlantic commercial order from 1803 to 1815. To date, scholars have either condemned this protest as a dangerous harbinger of the Civil War or vindicated it as an inevitable and salutary extension of the Founding. This article steers a different course. By focusing on the evolving language of protest and the complex hybrid of ideas and material realities from which this language emerged, this article illuminates how Federalist leaders who …

Doge's Matrix Structure And Presidential Power, Jason Marisam

Faculty Scholarship

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