Digital Commons Network^™

Validity, Reliability, And Fairness Evidence For The Jd-Next Exam, Steven Holtzman, Jonathan Steinberg, Jonathan Weeks, Christopher Robertson, Jessica Findley, David M. Klieger

Faculty Scholarship

At a time when institutions of higher education are exploring alternatives to traditional admissions testing, institutions are also seeking to better support students and prepare them for academic success. Under such an engaged model, one may seek to measure not just the accumulated knowledge and skills that students would bring to a new academic program but also their ability to grow and learn through the academic program. To help prepare students for law school before they matriculate, the JD-Next is a fully online, noncredit, 7- to 10-week course to train potential juris doctor students in case reading and analysis skills. …

Conceptual Competence In Psychiatric Training: Building A Culture Of Conceptual Inquiry, Awais Aftab

Faculty Scholarship

Building a culture of conceptual inquiry in psychiatric training requires the development of conceptual competence: the ability to identify and examine assumptions that constitute the philosophical foundations of clinical care and scientific investigation in psychiatry. In this article, we argue for the importance of such competence and illustrate approaches to instilling it through examples drawn from our collective experiences as psychiatric educators.

Navigating The Maze: The Role Of Pre-Enrollment Socio-Cultural And Institutional Factors In Higher Education In The Age Of Ai, Emily Barnes, James Hutson

Faculty Scholarship

This article explores the complex interplay between pre-enrollment socio-cultural and institutional factors and their impact on the higher education landscape. It challenges traditional metrics of academic achievement, presenting a nuanced perspective on student success that emphasizes the importance of socio-economic backgrounds, cultural capital, and K-12 education quality. The analysis extends to the significant role of institutional attributes in shaping student readiness and decision-making processes. The study advocates for the integration of artificial intelligence (AI)-driven assessments by higher education institutions to cater to the diverse needs of the student body, promoting an inclusive and supportive learning environment. Anchored in an extensive …

Rethinking Plagiarism In The Era Of Generative Ai, James Hutson

Faculty Scholarship

The emergence of generative artificial intelligence (AI) technologies, such as large language models (LLMs) like ChatGPT, has precipitated a paradigm shift in the realms of academic writing, plagiarism, and intellectual property. This article explores the evolving landscape of English composition courses, traditionally designed to develop critical thinking through writing. As AI becomes increasingly integrated into the academic sphere, it necessitates a reevaluation of originality in writing, the purpose of learning research and writing, and the frameworks governing intellectual property (IP) and plagiarism. The paper commences with a statistical analysis contrasting the actual use of LLMs in academic dishonesty with educator …

A New Canvas Of Learning: Enhancing Formal Analysis Skills In Ap Art History Through Ai-Generated Islamic Art, Krista Carpino, James Hutson

Faculty Scholarship

This study explores the use of AI art generators to enhance formal analysis skills in AP Art History students, with a focus on Islamic Art and Architecture. Students, often entering the course with high academic achievements, find the unique challenge of articulating detailed visual descriptions of artworks. The study’s approach involves using AI image-generation websites, like wepik.com, where students create AI images resembling Islamic artworks studied in class. This method aims to refine their descriptive skills, focusing on visual evidence rather than relying on identifying details. The choice of Islamic Art, markedly different from other historical periods covered in the …

Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan

Faculty Scholarship

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …

The Judicial Method In Copyright, Shyamkrishna Balganesh

Faculty Scholarship

This Essay, delivered as the 2023 Brace lecture, examines the role of the real unsung heroes of the modern U.S. copyright system: the federal judiciary. For the longest time, discussions of copyright policy and reform in the U.S. have altogether neglected the role that courts are meant to play in working copyright’s substantive and procedural rules. These discussions have instead assumed a norm of passivity from courts, who are presumed to either engage in a mechanical application of the statute’s text to decide disputes or instead make the law incrementally in common law style. In this Essay, I argue that …

Clinical And Sociodemographic Characteristics As Predictors For Quality Of Life In Transmasculine And Transfeminine Individuals Receiving Gender-Affirming Hormone Therapy, Saloni U. Lad, Jacob Sinopoli, Britt Conroy, Adam T. Perzynski, Juan P. Del Rincon

Faculty Scholarship

Healthcare systems and providers have increasingly acknowledged the role and impact of social determinants in overall health. However, gender-diverse individuals face persistent health disparities due to their identities. There is limited research on the impact of clinical and sociodemographic characteristics on mood and quality of life (QoL) for transgender (TG) individuals. Our study aims to understand and better elucidate social and clinical characteristics of transmasculine (TM) and transfeminine (TF) individuals and their impact on quality of life and depressive symptoms. In this cross-sectional study, 298 TF and TM individuals on gender-affirming hormone therapy (GAHT) were surveyed about their demographic characteristics …

The Last Colony Of The Mind: Narrative, Legal Advocacy, And The Decolonization Of Legal Knowledge, Ayodeji Kamau Perrin

Faculty Scholarship

Philippe Sands’ The Last Colony¹ tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ).² In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial holdings, it took the anachronistic step of creating a colony—the British Indian Ocean Territory (BIOT).³ In flagrant violation of UN Resolution 1514,⁴ the United Kingdom detached the Chagos Archipelago from the colony of Mauritius. And between 1967 and 1973, …

Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan

Faculty Scholarship

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Faculty Scholarship

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

The Transformation Of Social Work In Ukraine Before And During The War, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

Background: This article aims to review the development of the social work profession in Ukraine and to describe the impact of social, economic and political changes on social work practices and education. Methods: A comprehensive literature review and participant observation methods informed this study. A case study of a Polish community’s response to Ukrainian war refugees illustrates how social workers might capitalize on current social structures to continue strengthening civil society in Ukraine. Findings and Discussion: Social Work, focusing on the fit between person and environment, is shaped by knowledge, culture and belief systems. Ukraine’s history and transition from communist/centralized …

Preserving Linguistic Diversity In The Digital Age: A Scalable Model For Cultural Heritage Continuity, James Hutson, Pace Ellsworth, Matt Ellsworth

Faculty Scholarship

In the face of the rapid erosion of both tangible and intangible cultural heritage globally, the urgency for effective, wide-ranging preservation methods has never been greater. Traditional approaches in cultural preservation often focus narrowly on specific niches, overlooking the broader cultural tapestry, particularly the preservation of everyday cultural elements. This article addresses this critical gap by advocating for a comprehensive, scalable model for cultural preservation that leverages machine learning and big data analytics. This model aims to document and archive a diverse range of cultural artifacts, encompassing both extraordinary and mundane aspects of heritage. A central issue highlighted in the …

Bipolar Symptoms, Somatic Burden And Functioning In Older-Age Bipolar Disorder: A Replication Study From The Global Aging & Geriatric Experiments In Bipolar Disorder Database (Gage-Bd) Project, Martha Sajatovic, Farren B.S Briggs, Kaylee Sarna, Joy Yala

Faculty Scholarship

Objectives: The Global Aging & Geriatric Experiments in Bipolar Disorder Database (GAGE-BD) project pools archival datasets on older age bipolar disorder (OABD). An initial Wave 1 (W1; n = 1369) analysis found both manic and depressive symptoms reduced among older patients. To replicate this finding, we gathered an independent Wave 2 (W2; n = 1232, mean ± standard deviation age 47.2 ± 13.5, 65% women, 49% aged over 50) dataset. Design/Methods: Using mixed models with random effects for cohort, we examined associations between BD symptoms, somatic burden and age and the contribution of these to functioning in W2 and the …

Reclaiming The Symbol: Ethics, Rhetoric, And The Humanistic Integration Of Gai - A Burkean Perspective, Daniel Plate, James Hutson

Faculty Scholarship

This study delves into the intersection of generative artificial intelligence (GAI) and the Humanities, guided by the critical insights of Kenneth Burke, a seminal figure in the study of rhetoric and a vocal critic of scientism and positivism. The skepticism of the American literary theorist towards an uncritical embrace of science and technology, and his concerns over the inclination of the Humanities to adopt scientific methodologies at the expense of traditional forms of inquiry, provide a critical framework for examining the new role played by GAI within the Humanities. By framing these tools in the context of Burkean rhetorical theory, …

Sex Differences Among Older Adults With Bipolar Disorder: Results From The Global Aging & Geriatric Experiments In Bipolar Disorder (Gage-Bd) Project, Kaylee Sarna, Joy Yala, Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Sex-specific research in adult bipolar disorder (BD) is sparse and even more so among those with older age bipolar disorder (OABD). Knowledge about sex differences across the bipolar lifespan is urgently needed to target and improve treatment. To address this gap, the current study examined sex differences in the domains of clinical presentation, general functioning, and mood symptoms among individuals with OABD. Methods: This Global Aging & Geriatric Experiments in Bipolar Disorder (GAGE-BD) study used data from 19 international studies including BD patients aged ≥50 years (N = 1,185: 645 women, 540 men).A comparison of mood symptoms between women …

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …

False Conscience: Sustainability And Smart Evolution—Between Law And Power, Ugo Mattei

Faculty Scholarship

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto …

A Framework For Building Comprehensive Cancer Center’S Capacity For Bidirectional Engagement, Erika S. Trapl, Sarah Koopman Gonzalez, Kristina Austin

Faculty Scholarship

Purpose: Community engagement has benefits for cancer centers’ work and for its researchers. This study examined the experiences and perceptions of community engagement by members of the Case Comprehensive Cancer Center (Case CCC) to create and implement a framework to meet the needs of the entire cancer center. Methods: This study included three phases: 1) Semi-structured interviews with 12 researchers from a basic science program to identify needs and suggestions for the support of community engagement; 2) Preliminary interview results informed the development of a survey of 86 cancer center members’ about their awareness of and readiness to integrate community …

Sociodemographic And Clinical Characteristics Of People With Oldest Older Age Bipolar Disorder In A Global Sample: Results From The Global Aging And Geriatric Experiments In Bipolar Disorder Project, Peijun Chen, Martha Sajatovic, Joy Yala, Kaylee Sarna

Faculty Scholarship

Objects: Studies of older age bipolar disorder (OABD) have mostly focused on “younger old” individuals. Little is known about the oldest OABD (OOABD) individuals aged ≥70 years old. The Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) project provides an opportunity to evaluate the OOABD group to understand their characteristics compared to younger groups. Methods: We conducted cross-sectional analyses of the GAGE-BD database, an integrated, harmonized dataset from 19 international studies. We compared the sociodemographic and clinical characteristics of those aged <50 (YABD, n = 184), 50–69 (OABD, n = 881), and ≥70 (OOABD, n = 304). To standardize the comparisons between age categories and all characteristics, we used multinomial logistic regression models with age category as the dependent variable, with each characteristic as the independent variable, and clustering of standard errors to account for the correlation between observations from each of the studies. Results: OOABD and OABD had lower severity of manic symptoms (Mean YMRS = 3.3, 3.8 respectively) than YABD (YMRS = 7.6), and lower depressive symptoms (% of absent = 65.4%, and 59.5% respectively) than YABD (18.3%). OOABD and OABD had higher physical burden than YABD, especially in the cardiovascular domain (prevalence = 65% in OOABD, 41% in OABD and 17% in YABD); OOABD had the highest prevalence (56%) in the musculoskeletal domain (significantly differed from 39% in OABD and 31% in YABD which didn't differ from each other). Overall, OOABD had significant cumulative physical burden in numbers of domains (mean = 4) compared to both OABD (mean = 2) and YABD (mean = 1). OOABD had the lowest rates of suicidal thoughts (10%), which significantly differed from YABD (26%) though didn't differ from OABD (21%). Functional status was higher in both OOABD (GAF = 63) and OABD (GAF = 64), though only OABD had significantly higher function than YABD (GAF = 59). Conclusions: OOABD have unique features, suggesting that (1) OOABD individuals may be easier to manage psychiatrically, but require more attention to comorbid physical conditions; (2) OOABD is a survivor cohort associated with resilience despite high medical burden, warranting both qualitative and quantitative methods to better understand how to advance clinical care and ways to age successfully with BD.

Definitions Of Recovery And Reintegration Across The First Year: A Qualitative Study Of Perspectives Of Persons With Spinal Cord Injury And Caregivers, Kim D. Anderson, Anne M. Bryden, Brian Gran, Susan W. Hinze

Faculty Scholarship

Study Design: Longitudinal, qualitative cohort study. Objectives: To understand how people with newly acquired spinal cord injury (PWS) and their support person (SP) define recovery and successful community reintegration (CR) across the first 12 months post-injury (mpi) and their satisfaction with the rate of recovery and reintegration experienced. Setting: Academic and Veterans hospitals in Midwest USA. Methods: In-depth, semi-structured interviews were conducted in two cohorts of PWS and SP during the initial inpatient rehabilitation stay, at 6 mpi, and at 12 mpi. Recordings were transcribed; four authors independently undertook line-by-line coding. The team discussed codes to reach consensus and synthesize …

Enhancing Workplace Neuro Health And Productivity: The Synergy Of Wearable Technology With Biophilic And Oxygenation Strategies, Piper Hutson, James Hutson

Faculty Scholarship

In the contemporary workplace, where a staggering 62% of employees reported experiencing burnout in 2023 according to a Medium article, the integration of wearable technology with biophilic and oxygenation strategies emerges as a vital Neurohemal initiative. This approach is particularly relevant for supporting neurodivergent individuals, as well as those recovering from stroke and long-COVID, in the context of return-to-office mandates. The article underscores the significance of research on increased hydrostatic pressure in circulation, particularly its impact on spinal and spinal cord blood flow during water immersion. This insight lays the groundwork for innovations like non-wet water massage devices, which could …

The Crusade For The Holy Grail Of Competitive Balance, Mislav Mataija, Petros C. Mavroidis

Faculty Scholarship

The specificity of sport is a concept acknowledged on both sides of the Atlantic. In the US it is linked to a (limited) exception from antitrust laws. In Europe, the application of the rules on free movement of persons, services, and workers, as well as antitrust, has left some room for it. But whereas the US has gone full steam ahead to regulate competitive balance, Europe has not. In this contribution, inspired by the work of Steve Weatherill and others, we ask the question whether the observed differentiated approach is justified because of the nature of competition on the two …

The Case For Scientific Jury Experiments, Bernard Chao, Christopher Robertson, David Yokum

Faculty Scholarship

For decades, litigators have relied on focus groups. While this approach can help identify issues for further exploration, attorneys often use focus groups to shape trial strategy or even predict outcomes. But focus groups are ill-suited for these applications because they suffer from three basic weaknesses: 1) they cannot explore unconscious decision-making; 2) they use too few mock jurors to provide reliable answers, and 3) they can become echo chambers that only surface a subset of the issues that an actual jury will consider.

Fortunately, recent technical advances in crowdsourcing and insights into human decision-making have opened the door to …

Sports Participation By Athletes With Cardiovascular Disease, Matthew W. Martinez, Michael J. Ackerman, George J. Annas, Aaron L. Baggish, Sharlene M. Day, Kimberly G. Harmon, Jonathan H. Kim, Benjamin D. Levine, Margot Putukian, Rachel Lampert

Faculty Scholarship

Millions of young people participate in competitive sports, with well-documented physical and psychological benefits.1 Athletes may be diagnosed with cardiovascular disease (CVD) during evaluation of symptoms, routine preparticipation screening, or clinically indicated family screening. When this occurs, decisions about return-to-play (RTP) are difficult, especially in circumstances when risk may exist or be unknown. Historically, expert consensus documents such as the Bethesda Conference Proceedings,2 provided a “yes/no” approach to RTP after a diagnosis of a CVD such as hypertrophic cardiomyopathy (HCM) or long QT syndrome (LQTS). These recommendations were made with a paucity of data, and were predicated on a zero-risk …

Online Disinhibited Contracts, Wayne R. Barnes

Faculty Scholarship

There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …

The Physical-Emotional Distinction In Tort, Philip Petrov

Faculty Scholarship

Several legal scholars have recently argued that U.S. tort law’s physical-emotional distinction commits tort to the objectionable position of mind-body dualism, but they have not considered the distinction’s role as an aid to judicial cognition and decision-making. Drawing primarily on the law of negligent infliction of emotional distress, this essay argues that tort’s physical-emotional distinction is not a relic of mind-body dualism but a heuristic that judges have used to structure and simplify the difficult but unavoidable task of drawing lines between legally cognizable and non-cognizable harm. The analysis has at least three normative implications: (1) users of tort’s physical-emotional …

“So, Do Not Fear”: Religion And The Prevalence, Persistence, And Severity Of Anxiety Disorders Among Black Americans, Ann W. Nguyen, Nichole Cobb, Kedong Ding

Faculty Scholarship

Background: There is a dearth of scholarship that explicates the effects of religious participation on anxiety disorders among Black Americans. A better understanding of the links between religious participation, a coping resource, and anxiety disorders among Black Americans remains essential, given Black Americans are less likely than their white counterparts to seek professional treatment for mental health problems, leading to greater unmet mental health needs. The aim of this study was to investigate whether religious participation is associated with the prevalence, persistence, and severity of anxiety disorders among Black adults. Methods: We used a national sample of Black adults (N …

Risk For Diagnosis Or Treatment Of Mood Or Anxiety Disorders In Adults After Sars-Cov-2 Infection, 2020–2022, Christina X. Wang, Rhea Kohli, Veronica R. Olaker, Pauline Terebuh, Rong Xu, David C. Kaelber, Pamela B. Davis

Faculty Scholarship

COVID-19 is associated with increased risks for mood or anxiety disorders, but it remains uncertain how the association evolves over time or which patient groups are most affected. We conducted a retrospective cohort study using a nationwide database of electronic health records to determine the risk of depressive or anxiety disorder diagnoses after SARS-CoV-2 infection by 3-month blocks from January 2020 to April 2022. The study population comprised 822,756 patients (51.8% female; mean age 42.8 years) with COVID-19 and 2,034,353 patients with other respiratory tract infections (RTIs) (53.5% female, mean age 30.6 years). First time diagnoses of depressive or anxiety …