Digital Commons Network^™

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …

Life, Death, And Ai: Exploring Digital Necromancy In Popular Culture—Ethical Considerations, Technological Limitations, And The Pet Cemetery Conundrum, James Hutson, Jay Ratican

Faculty Scholarship

This article explores the rise of generative AI, particularly ChatGPT, and the combination of large language models (LLM) with robotics, exemplified by Ameca the Robot. It addresses the need to study the ethical considerations and potential implications of digital necromancy, which involves using AI to reanimate deceased individuals for various purposes. Reasons for desiring to engage with a disembodied or bodied replica of a person include the preservation of memories, emotional closure, cultural heritage and historical preservation, interacting with idols or influential figures, educational and research purposes, and creative expression and artistic endeavors. As such, this article examines historical examples …

Beneath The Property Taxes Financing Education, Timothy M. Mulvaney

Faculty Scholarship

Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school districts, and the overall stability of those revenues. This Essay contends that such discourse would benefit from directing greater attention to the justice of the government’s threshold choices about property law and policy that impact the property values against which property taxes are levied.

The …

The Six Emotional Dimension (6de) Model: A Multidimensional Approach To Analyzing Human Emotions And Unlocking The Potential Of Emotionally Intelligent Artificial Intelligence (Ai) Via Large Language Models (Llm), Jay Ratican, James Hutson

Faculty Scholarship

The rapid advancements in artificial intelligence (AI) research, particularly in training large language models (LLMs) such as OpenAI's ChatGPT 3.5 and 4, hold significant potential for future applications in education, healthcare, and assisted living. Emotionally intelligent AI systems can provide personalized and adaptive educational experiences, enhancing engagement and educational outcomes. In healthcare, they can offer empathetic mental health support, augmenting existing resources. In assisted living, AI companions can provide emotional support, cognitive stimulation, and monitoring services, promoting independence and safety. However, ethical considerations and privacy safeguards are crucial to ensure responsible deployment. Integrating emotionally intelligent AI in these domains has …

Even Lawyers Do Not Like Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Significance

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Faculty Scholarship

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …

Utilizing Neurodiverse Workplace Strategies To Support The Growing Population Of Long Covid Cases In A Neuroinclusive Workplace: A Paradigm Shift For Neuroacquired Employees, Piper Hutson, James Hutson

Faculty Scholarship

The COVID-19 pandemic has led to the emergence of long COVID, a condition in which patients report persistent symptoms after recovering from acute SARS-CoV-2 infection. A review conducted by the National Institute for Health Research (NIHR) suggests that long COVID may actually consist of four different syndromes: post-intensive care syndrome, post-viral fatigue syndrome, and long-term COVID syndrome. The absence of a clear definition for this condition may lead to under-recognition and under-treatment of the symptoms experienced by those affected. Moreover, existing programs designed for neuro diverse individuals may be adapted to support the growing neuro acquired population. Communication strategies, such …

Less Is More?: Accountability For White-Collar Offenses Through An Abolitionist Framework, Pedro Gerson

Faculty Scholarship

White-collar crime is underenforced: not enough cases are brought, not many convictions are secured, and when they are, those who were convicted usually benefit from leniency not seen in other kinds of criminal wrongdoing. Calls for accountability center on strengthening the traditional tools of criminal law enforcement to reach actors that have so far eluded criminal liability. These responses, however, risk further entrenching the systems that have led the United States to mass incarceration and its many real and tangible harms. In this Article, I question whether an abolitionist framework is possible for white-collar crime. First, I argue that given …

Gender-Based Religious Persecution, Pooja R. Dadhania

Faculty Scholarship

People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.

The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …

The Poetry Of Prompts: The Collaborative Role Of Generative Artificial Intelligence In The Creation Of Poetry And The Anxiety Of Machine Influence, James Hutson, Ana Schnellmann

Faculty Scholarship

2022 has been heralded as the year of generative artificial intelligence (AI). Generative AI like ChatGPT and Stable Diffusion, along with a host of others, launched late in the year and immediately disrupted the status quo of the literary and art worlds, leading to outcries to ban “AI Art” and spawning an entirely new market of NFTs. Fears over the “death of the artist” and the “death of college composition,” however, are unfounded when considering the historical adoption of emerging technologies by creatives and the reconsideration of authorship that began with post structuralism and the Foucauldian Death of the Author …

Using A “Bystander Bounty” To Encourage The Reporting Of Workplace Sexual Harassment, Jessica K. Fink

Faculty Scholarship

Sexual harassment has become a fact of the modern workplace – something that society laments and regrets, but that rarely shocks the conscience when it comes to light. In fact, both the least and most surprising aspect about workplace sexual harassment is the number of individuals who are aware of it occurring: For every Harvey Weinstein, Matt Lauer, and Louis CK, there have been countless observers who knew about their depravity and who did nothing to stop their behavior. In this way, one obvious approach for reducing harassment at work seems clearly to involve mobilizing these bystanders – encouraging those …

Generative Ai And Algorithmic Art: Disrupting The Framing Of Meaning And Rethinking The Subject- Object Dilemma, James Hutson, Morgan Harper-Nichols

Faculty Scholarship

In the revision of treatments of contemporary art in the 21st century, art historians are recognizing 2022 as the dawn of the age of creative artificial intelligence (AI). The emergence of generative AI tools like ChatGPT and Stable Diffusion in late 2022 immediately disrupted the established practices of the art world, leading to debates about the validity of "AI Art" and the emergence of a new market for NFTs. However, fears regarding the "death of the artist" are unwarranted when considering the historical adoption of new technologies by artists, such as photography. The role of the artist will undoubtedly transform, …

Understanding Dark Patterns In Home Iot Devices, Monica Kowalczyk, Johanna Gunawan, David Choffnes, Daniel J. Dubois, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Internet-of-Things (IoT) devices are ubiquitous, but little attention has been paid to how they may incorporate dark patterns despite consumer protections and privacy concerns arising from their unique access to intimate spaces and always-on capabilities. This paper conducts a systematic investigation of dark patterns in 57 popular, diverse smart home devices. We update manual interaction and annotation methods for the IoT context, then analyze dark pattern frequency across device types, manufacturers, and interaction modalities. We find that dark patterns are pervasive in IoT experiences, but manifest in diverse ways across device traits. Speakers, doorbells, and camera devices contain the most …

Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe

Faculty Scholarship

McCleskey v. Kemp¹ operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.² By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.³ But what if McCleskey had been decided differently? Given that Washington v. Davis⁴ held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”⁵ could McCleskey have articulated an approach to equal protection doctrine …

Inflation, Market Failures, And Algorithms, Rory Van Loo

Faculty Scholarship

Inflation is a problem of tremendous scale. But the leading response to inflation-raising interest rates-also poses economic risks. Raising interest rates rapidly may increase unemployment and heighten the chance of recession. This Article argues that there is a better way to think about antiinflation policy. Rather than defaulting to interest rate hikes that harm markets, policymakers should prioritize laws that lower prices while improving markets. Most importantly, there is evidence that businesses have raised prices by colluding with one another, exploiting consumers' behavioral and informational limits, and lobbying for protectionist laws that block competition. Artificial intelligence pricing algorithms and dark …

Central Pattern Generator And Control Of Breathing (Ośrodkowy Generator Wzorca I Kontrola Oddychania), Jaroslaw Richard Romaniuk

Faculty Scholarship

Fifty years ago, Clark and Euler published a model of the neural control of respiration that stimulated modern studies on the central generator of the rate and depth of breathing. These studies led to new discoveries concerning both anatomical localization and functional characteristics of respiratory central pattern generator (CPG), and as a result our knowledge has greatly changed. This article describes the history of respiratory CPG research and, more specifically, explains how studies concerning the regulation of breathing parameters affect the creation of new hypotheses and theoretical models of the neural control of respiration. Comparing studies on the generators of …

The Relationship Between Religion, Substance Misuse, And Mental Health Among Black Youth, Dexter R. Voisin

Faculty Scholarship

Studies suggest that religion is a protective factor for substance misuse and mental health concerns among Black/African American youth despite reported declines in their religious involvement. However, few studies have investigated the associations among religion, substance misuse, and mental health among Black youth. Informed by Critical Race Theory, we evaluated the correlations between gender, depression, substance misuse, and unprotected sex on mental health. Using multiple linear regression, we assessed self-reported measures of drug use and sex, condom use, belief in God, and religiosity on mental health among a sample of Black youth (N = 638) living in a large midwestern …

Disruptive Homiletics: Liberationist Hermeneutics And The Preconditions Of Critical Consciousness, Joel (J.T.) Young

Faculty Scholarship

No abstract provided.

Go‐Along Interview Assessment Of Community Health Priorities For Neighborhood Renewal, Kristen A. Berg, Adam T. Perzynski

Faculty Scholarship

Healthcare systems are increasingly investing in approaches to address social determinants of health and health disparities. Such initiatives dovetail with certain approaches to neighborhood development, such as the EcoDistrict standard for community development, that prioritize both ecologically and socially sustainable neighborhoods. However, healthcare system and community development initiatives can be untethered from the preferences and lived realities of residents in the very neighborhoods upon which they focus. Utilizing the go-along approach to collecting qualitative data in situ, we interviewed 19 adults to delineate residents' community health perspectives and priorities. Findings reveal health priorities distinct from clinical outcomes, with residents emphasizing …

Statistical Analysis And Degradation Pathway Modeling Of Photovoltaic Minimodules With Varied Packaging Strategies, Sameera Nalin Venkat, Xuanji Yu, Jiqi Liu, Jakob Wegmueller, Jayvic Cristian Jimenez, Erika I. Barcelos, Hein Htet Aung, Roger H. French, Laura S. Bruckman

Faculty Scholarship

Degradation pathway models constructed using network structural equation modeling (netSEM) are used to study degradation modes and pathways active in photovoltaic (PV) system variants in exposure conditions of high humidity and temperature. This data-driven modeling technique enables the exploration of simultaneous pairwise and multiple regression relationships between variables in which several degradation modes are active in specific variants and exposure conditions. Durable and degrading variants are identified from the netSEM degradation mechanisms and pathways, along with potential ways to mitigate these pathways. A combination of domain knowledge and netSEM modeling shows that corrosion is the primary cause of the power …

Poor Seizure Control Among Children Attending A Tertiary Hospital In South Western Uganda – A Retrospective Study, Martha Sajatovic

Faculty Scholarship

Background: Seizure control among children with epilepsy (CWE) receiving anti-seizure medications (ASMs) remains a challenge in low-resource settings. Uncontrolled seizures are significantly associated with increased morbidity and mortality among CWE. This negatively impacts their quality of life and increases stigma. Aim: This study determined seizure control status and described the factors associated among CWE receiving ASMs at Mbarara Regional Referral Hospital (MRRH). Methods: In a retrospective chart review study, socio-demographic and clinical data were obtained from 112 medical records. CWE receiving ASMs for at least six months and regularly attending the clinic were included in the study. Physical or telephone …

Resilience As A Moderator Of Role Overload And Sleep Disturbance Among Caregivers Of Persons With Dementia, Elliane Irani, Fei Wang, Stephanie Griggs, Ronald L. Hickman

Faculty Scholarship

The purpose of this study was to examine if resilience moderates the association between role overload and sleep disturbance among caregivers of persons with dementia. This was a secondary analysis of data on 437 informal caregivers (mean age=61.77 years, SD=13.69) of persons with dementia in the United States. Data from the 2017 wave of the National Study of Caregiving were analyzed using multiple regression with interaction terms to evaluate the moderation effect of resilience, while controlling for caregivers’ age, race, gender, education, self-rated health, caregiving hours, and primary caregiving status. Higher role overload was associated with greater sleep disturbance and …

Information Costs And The Civil Justice System, Keith N. Hylton

Faculty Scholarship

Litigation is costly because information is not free. Given that information is costly and perfect information prohibitively costly, courts will occasionally err. Finally, the fact that information is costly implies an unavoidable degree of informational asymmetry between disputants. This paper presents a model of the civil justice system that incorporates these features and probes its implications for compliance with the law, efficiency of law, accuracy in adjudication, trial outcome statistics, and the evolution of legal standards. The model’s claims are applied to and tested against the relevant empirical and legal literature. (JEL: D74, K10, K13, K41)

Reforming Prior Conviction Impeachment, Anna Roberts, Julia Simon-Kerr

Faculty Scholarship

No abstract provided.

Defeating De Facto Disenfranchisement Of Criminal Defendants, Neil Sobol

Faculty Scholarship

In a democracy, voting is not only an important civic duty but also a right that governments owe to their citizens. However, by operation of law, forty-eight states deny voting rights to individuals based on criminal convictions. Activists and scholars attack de jure disenfranchisement as an improper collateral consequence that disproportionately impacts people of color. Although recent years show substantial reforms to reenfranchise defendants, an estimated 5.17 million defendants remained ineligible to vote in 2020.

While efforts to address de jure disenfranchisement remain necessary, a problem that has received considerably less attention is the de facto disenfranchisement of criminal defendants …

Incidence Of Aggressive End-Of-Life Care Among Older Adults With Metastatic Cancer Living In Nursing Homes And Community Settings, Siran M. Koroukian, Sara L. Douglas, Long Vu, Hannah L. Fein, Richa Gairola, Nicholas K. Schiltz, Jennifer Cullen, Cynthia Owusu, Martha Sajatovic, Johnie Rose

Faculty Scholarship

Importance: Nearly 10% of the 1.5 million persons residing in nursing homes (NHs) have received or will receive a diagnosis of cancer. Although aggressive end-of-life (EOL) care is common among community-dwelling patients with cancer, little is known about such patterns of care among NH residents with cancer. Objective: To compare markers of aggressive EOL care between older adults with metastatic cancer who are NH residents and their community-dwelling counterparts. Design, Setting, and Participants: This cohort study used the Surveillance, Epidemiology, and End Results database linked with the Medicare database and the Minimum Data Set (including NH clinical assessment data) for …

The Self-Work Of Planetary Justice, Jeremy Bendik-Keymer

Faculty Scholarship

A necessary part of planetary justice is self-work, restoring or forming our being truthful, consistent, dependable, and accountable people. Planetary justice – so far typically associated with vast, geological scales of space and time – involves an intimate dimension, too. We can work on it wherever we are. Moreover, self-work and planetary justice intertwine historically and conceptually. The historical context for self-work involves the histories of violence that led to the breakthrough of the planetary as a category of thought about justice. Facing this, the essay notes areas for further reflection, study, and action.

Facilitators And Barriers To Reunification Among Housing Unstable Families, Robert L. Fischer, David Crampton

Faculty Scholarship

Housing unstable families with child welfare system involvement face multiple challenges to successfully reunifying with their families. This explanatory qualitative study followed up on findings from a county-sponsored Pay for Success (PFS) RCT. The study focused on understanding the facilitators and barriers to reunification, bringing together the perspectives of a random sample of 16 housing-unstable caregivers whose children were in foster care, their PFS program workers, and their child welfare caseworkers. We conducted in-depth, in-person interviews with 52 participants. Major facilitators of reunification included strong client motivation, PFS program workers empowering and advocating for clients, the program's ability to meet …

Of Life Beyond Domination: Capability Determination, Surfacing, Norm Play, Jeremy Bendik-Keymer

Faculty Scholarship

“Surfacing” is the process of rediscovering one’s sense of self-determination from within a context of enduring domination, including systems of enduring domination, such as racism, capitalism, and patriarchy. “Enduring domination” is the afterlife of domination that carries on into the conditions and mentality of anyone affected by domination, even indirectly. This article riggs together a concept from the Capability Approach to human development, a process from intersectional, epistemic justice work, and some broad possibilities within social practice art around norm play and subversion to fill out a practice of wondering that helps its participants surface. It serves as a contribution …

Museums And The Metaverse: Emerging Technologies To Promote Inclusivity And Engagement, James Hutson, Piper Hutson

Faculty Scholarship

Over the past two decades, museums have increasingly sought to build connections with the community and increase inclusivity of visitors. At the same time, emerging technologies, such as extended reality (XR) and virtual museums (VM) are increasingly adopted to engage with different generational expectations but also for the purposes of supporting inclusivity and neurodiverse populations. First such technologies were adopted to augment exhibitions in the physical museum space for edutainment. Since then, XR has expanded from room-size environments (CAVEs) and augmented exhibitions to the creation of entire virtual museums, such as The Museum of Pure Form and The Virtual Museum …