Digital Commons Network^™

What Belongs In A Constitutional Law Casebook?, Ernest A. Young

Faculty Scholarship

No abstract provided.

Interplanetary Risk Regulation, Jonathan B. Wiener, Charles (Chase) Hamilton

Faculty Scholarship

Space exploration promises new opportunities but also new risks. After centuries of national settlements and international conflicts on Earth, and the Cold War era of two great power states racing to the Moon, today we see a rapidly proliferating arena of actors, both governmental and non-governmental, undertaking bold new ventures off-Earth while posing an array of new risks. These multiple activities, actors, and risks raise the prospects of regulatory gaps, costs, conflicts, and complexities that warrant reconsideration and renovation of legacy legal regimes such as the international space law agreements. New approaches are needed, beyond current national and international law, …

New Insights On Expert Opinion About Eyewitness Memory Research, Travis M. Seale-Carlisle, Adele Quigley-Mcbride, Jennifer E. F. Teitcher, William E. Crozier, Chad S. Dodson, Brandon L. Garrett

Faculty Scholarship

Experimental psychologists investigating eyewitness memory have periodically gathered their thoughts on a variety of eyewitness memory phenomena. Courts and other stakeholders of eyewitness research rely on the expert opinions reflected in these surveys to make informed decisions. However, the last survey of this sort was published more than 20 years ago, and the science of eyewitness memory has developed since that time. Stakeholders need a current database of expert opinions to make informed decisions. In this article, we provide that update. We surveyed 76 scientists for their opinions on eyewitness memory phenomena. We compared these current expert opinions to expert …

The Supreme Court And Public Opinion, Scott Dodson

Faculty Scholarship

Alexander Hamilton famously called the Supreme Court the “least dangerous branch” because it was reliant on Congress for funding and the President for enforcement. To manage its relationship with the political branches in a way that affords the Court both independence from them and the necessary assistance from them, the Court must cultivate the affection of the electorate. Several doctrinal tools facilitate that cultivation, and, historically, the Court has used those tools effectively to maintain relatively high public-approval rates. But over the last decade, those rates have fallen significantly to historic lows. This paper interrogates why that is. Tracing the …

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 …

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; …

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.

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 …

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 …

Beyond Pathology: Inclusive Mentorship, Accommodations, And Policy Reforms For Autistic Women In The Medical Profession, Piper Hutson, James Hutson

Faculty Scholarship

This article addresses the unique challenges faced by autistic women in the medical profession, particularly in navigating traditional medical frameworks that often marginalize neurodiverse individuals. Drawing from a targeted literature review, this paper highlights the importance of adapting medical curricula, establishing mentorship programs, and reforming policies to foster inclusivity. Autistic women in medicine encounter barriers such as a lack of mentorship tailored to their needs, inadequate accommodations, and systemic bias rooted in the pathologization of autism. The article synthesizes current research to provide evidence-based recommendations that address these barriers. Specific examples of successful mentorship programs demonstrate the critical role of …

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 …

Common Questions And Misconceptions About Energy Drinks: What Does The Scientific Evidence Really Show?, Jose Antonio, Brandi Antonio, Shawn M. Arent, Darren G. Candow, Guillermo Escalante, Cassandra Evans, Scott Forbes, David Fukuda, Maureen Gibbons, Patrick Harty, Andrew R. Jagim, Douglas S. Kalman, Chad Kerksick, Jennifer A. Kurtz, Joseph Lillis, Lonnie Lowery, Gianna F. Mastrofini, Scotty Mills, Michael Nelson, Flavia Pereira, Justin Roberts, Michael Sagner, Jeffrey Stout, Jaime Tartar, Adam Wells

Faculty Scholarship

Energy drinks are a commonly consumed beverage, and studies suggest a possible performance-enhancing effect. A Google Scholar search using the keywords “energy drinks” and “exercise” yields numerous results, underscoring the voluminous research on this topic. However, there are questions regarding the effectiveness and safety of energy drinks. These questions include, but are not limited to: (1) What are the main active ingredients in energy drinks? (2) Do energy drinks assist in weight management? (3) Do energy drinks enhance aerobic performance? (4) Do energy drinks enhance athletic speed? (5) Do energy drinks improve reaction time? (6) Do energy drinks enhance lean …

Reshaping Intellectual Property Scholarship From Within, Peter K. Yu

Faculty Scholarship

Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.

This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …

Psychological Distress Among Family Caregivers Of Persons With Alzheimer’S Disease And Related Dementias In Uganda, Martha Sajatovic

Faculty Scholarship

Background: Alzheimer's disease and related dementias (ADRD) present growing global health challenges, especially in aging populations, such as Uganda. In Uganda, familial caregiving, predominantly undertaken by female relatives, is the primary form of support provided to patients with ADRD. Cultural stigma around dementia and limited access to support services amplify caregivers' challenges. This study examined psychological distress, depression, and quality of life (QoL) among family caregivers of patients with ADRD in Wakiso District, Uganda. Methods: This cross-sectional study involved 90 caregivers from three sub-counties in Wakiso, selected through purposive sampling to capture diverse experiences. Participants included caregivers aged 18 years …

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …

Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

Data and information exchange plays a crucial role in fostering water cooperation between the riparian nations of a shared watercourse. Taking an integrated approach combining Discourse Analysis and Document Analysis, this research aims at elucidating the challenges and the potential opportunities of data and information exchange on the Helmand River, a drought-stricken river basin shared between upstream Afghanistan and downstream Iran. Drawing on the Theory of Planned Behavior (TPB), we offer nuanced perspectives on the data exchange model developed by Wehn. We argue that there are other underlying and essential elements that hinder the meaningful engagement of the riparian nations …

Shaping Preferences With Pigouvian Taxes, Gary M. Lucas Jr.

Faculty Scholarship

A Pigouvian tax is a tax that is imposed to correct an externality, which arises when a person engages in behavior that harms others without their consent. Pigouvian taxes are popular among academics—with prominent economists and legal scholars arguing for their imposition on myriad goods and activities that harm third parties, like carbon emissions and alcohol. Policymakers have recently been receptive to at least some of these arguments as evidenced by taxes imposed on or proposed for a variety of externality-generating goods, including guns, plastic bags, and sugary drinks.

The conventional economic rationale for Pigouvian taxes assumes that they affect …

Section 1: Defining Arbitration And Addressing Structural Bias, Nancy A. Welsh

Faculty Scholarship

The Supreme Court’s jurisprudence pursuant to the Federal Arbitration Act (FAA) has successfully encouraged the use of arbitration to resolve disputes of all types, including those arising out of contracts of adhesion. Meanwhile, with one very limited exception, neither Congress nor the Supreme Court has done anything to assure those bound by adhesive contracts that the required arbitration process will be fair, impartial, and consistent with due process principles. The FAA does not even include a definition of arbitration to guide arbitration providers and individual arbitrators. This chapter proposes the addition of a definition of arbitration to the FAA to …

Administration Patterns Of Magnesium Sulphate For Women With Preeclampsia And Immediate Newborn Outcomes In Kawempe National Referral Hospital-Uganda: A Cohort Study, Christopher J. Burant, Shirley Moore, Carol Blixen, Martha Sajatovic

Faculty Scholarship

Background: Preeclampsia is the second leading cause of maternal death in Uganda. WHO recommends using magnesium sulphate (MgSO4) to prevent and treat preeclampsia with severe features (PEC) and eclampsia. MgSO4 is used to prevent eclampsia and treat women who experience an eclamptic convulsion to avoid severe maternal/infant illnesses and death. We set out to assess MgSO4 administration patterns in women with PEC or eclampsia and the immediate newborn outcomes of neonates. Methods: This was an analytical observational cohort study at Kawempe National Referral Hospital in Uganda. Two hundred ten pregnant mothers with PEC or eclampsia were recruited in the study …

Opening Brief For Plaintiff-Appellant, Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Issues Presented:

Title IX prohibits schools from responding with deliberate indifference to student-on-student sexual harassment that interferes with, or threatens to interfere with, a victim’s education. It also prohibits schools from retaliating against students who engage in Title IX protected activity, such as reporting an assault. Here, another Marshall student sexually assaulted Roe at an offcampus residence near Marshall’s campus. Roe reported the assault and other instances of student-on-student relationship abuse. In the assault’s aftermath, Roe missed classes and limited her time on campus because she was afraid of encountering her assailant. Her grades suffered. Marshall did not address the …

Juror Privacy Via Anonymity, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

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 …

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 …

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; …

Introduction: Giving Room To Embodied Relationships, Jeremy D. Bendik-Keymer

Faculty Scholarship

The special issue Z(a)dziwienie ciałem—to Wonder (to Wander) in Corporeal Relationships aims to contribute modestly and imaginatively to the recent wave of work around wonder. In some respects, too, it continues the short seminar “Discussing Wonder” published in Studia Philosophica Wratislaviensia vol. XV, no. 2 (2020). In the ancient Greek philosophical tradition, wonder helped philosophers make sense of the nature of their own inquiries and their striving for knowledge. This is the context in which Plato and Aristotle first discussed wonder (thaumadzein). The concept was reprised in a similar framework when Descartes and Spinoza laid foundations for modern philosophy, and …

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 …

Commercial Boilerplate: A Review And Research Agenda, Robert E. Scott, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate — the standard forms used in transactions for corporate or sovereign bonds or merger agreements — has traditionally received little attention. The assumption has been that form contracts among sophisticated parties may differ in form but not in substance from bespoke contracts between business entities. Yet a growing body of scholarship …

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 …