Digital Commons Network^™

Artificial Intelligence And The Disruption Of Higher Education: Strategies For Integrations Across Disciplines, James Hutson, Theresa Jeevanjee, Vanessa Vander Graaf, Jason Lively, Joe Weber, Graham Weir, Kathryn Arnone, Geremy Carnes, Kathi Vosevich, Daniel Plate, Michael Leary, Susan Edele

Faculty Scholarship

Artificial intelligence (AI) and its impact on society have received a great deal of attention in the past five years since the first Stanford AI100 report. AI already globally impacts individuals in critical and personal ways, and many industries will continue to experience disruptions as the full algorithmic effects are understood. Higher education is one of the industries that will be greatly impacted; consequently, many institutions have begun accelerating its adoption across disciplines to address the fast-approaching market shift. Recent advances with the technology are especially promising for its potential to create and scale personalized learning for students, to optimize …

Designing For Justice: Pandemic Lessons For Criminal Courts, Cynthia Alkon

Faculty Scholarship

March 2020 brought an unprecedented crisis to the United States: COVID-19. In a two-week period, criminal courts across the country closed. But, that is where the uniformity ended. Criminal courts did not have a clear process to decide how to conduct necessary business. As a result, criminal courts across the country took different approaches to deciding how to continue necessary operations and in doing so many did not consider the impact on justice of the operational changes that were made to manage the COVID-19 crisis. One key problem was that many courts did not use inclusive processes and include all …

Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis

Faculty Scholarship

The Federal Trade Commission—with its broad, independent grant of authority and statutory mandate to identify and prevent unfair and deceptive trade practices—is uniquely situated to prevent and remedy unfair and deceptive data privacy and data security practices. In an increasingly digitized world, data collection, processing, and transfer have become integral to market interactions. Our personal and commercial experiences are now mediated by powerful, information-intensive firms who hold the power to shape what consumers see, how they interact, which options are available to them, and how they make decisions. That power imbalance exposes consumers and leaves them all vulnerable. We all …

Contractual Complexity, Spencer Williams

Faculty Scholarship

Lawyers, judges, scholars, and clients all agree on one thing about contracts: they are complex. But what does this actually mean? What is contractual complexity and where does it come from? Despite widespread agreement that contracts are complex, the literature on contracts has yet to effectively define contractual complexity. Furthermore, the literature lacks a general theory of complexity that connects it to the broader body of contracts scholarship. This Article aims to fill these gaps. Drawing on complexity theory, the Article argues that contractual complexity is the degree of interactivity between a contract’s terms. Building on this definition, the Article …

Responsibility, Lawyering, Justice, David Mcgowan

Faculty Scholarship

Between 1942 and 1946, approximately 112,000 persons of Japanese ancestry were ordered to leave their homes and were transported to internment camps where they were held under armed guard. Four cases litigated before the United States Supreme Court dealt with orders related to this policy: Hirabayishi v. United States, Yasui v. United States, Korematsu v. United States, and ex parte Endo. Property deprivation related to internment was at issue in Oyama v. California. This note discusses whether the Solicitor General of the United States violated a duty of candor in Hirabayashi and Yasui or in Korematsu. That question requires analysis …

Gamification In Education: A Study Of Design-Based Learning In Operationalizing A Game Studio For Serious Games, James Hutson, Ben Fulcher, Joe Weber

Faculty Scholarship

The gamification of learning has proven educational benefits, especially in secondary education. Studies confirm the successful engagement of students with improved time on task, motivation and learning outcomes. At the same time, there remains little research on games and learning at the postsecondary level of education where traditional pedagogies remain the norm. Studies that have been conducted remain almost exclusively restricted to science programs, including medicine and engineering. Moreover, postsecondary subject-matter experts who have created their own gamified experiences often are forced to do so on an ad hoc basis either on their own, teaching themselves game engines, or with …

Discredited Data, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly employing pretrial algorithms as a solution to the racial and socioeconomic inequities in the bail system. But in practice, pretrial algorithms have reproduced the very inequities they were intended to correct. Scholars have diagnosed this problem as the biased data problem: pretrial algorithms generate racially and socioeconomically biased predictions, because they are constructed and trained with biased data.
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/="/">This Article contends that biased data is not the sole cause of algorithmic discrimination. Another reason pretrial algorithms produce biased results is that they are exclusively built and trained with data from carceral knowledge sources – the …

Virtual Reality And Learning: A Case Study Of Experiential Pedagogy In Art History, James Hutson, Trent Olsen

Faculty Scholarship

While images are central to the discipline of art history, surprisingly little research has been conducted on the uses of digital environments for teaching in the discipline. Over the past decade, more studies have emerged considering the egalitarian space that can be used by students and teachers in web-based applications and social media. A body of literature has begun to emerge out of a small network of scholars and educators interested in digital humanities and art history, providing examples of how new tools can be integrated into the standard slideshow and lecture format of the field. At the same time, …

Letting Offenders Choose Their Punishment?, Gilles Grolleau, Murat C. Mungan, Naoufel Mzoughi

Faculty Scholarship

Punishment menus allow offenders to choose the punishment to which they will be subjected from a set of options. We present several behaviorally informed rationales for why punishment menus may serve as effective deterrents, notably by causing people to refrain from entering a calculative mindset; reducing their psychological reactance; causing them to reconsider the reputational impacts of punishment; and reducing suspicions about whether the act is enforced for rent-seeking purposes. We argue that punishment menus can outperform the traditional single punishment if these effects can be harnessed properly. Our observations thus constitute a challenge, based on behavioral arguments, to the …

Balancing Rights And Responsibilities: The Role Of Government And Citizens In Combatting Gun Violence, Michael Ulrich

Faculty Scholarship

Congress passed the first federal legislation on firearms safety in decades at nearly the same moment that the Supreme Court issued its first major Second Amendment decision since 2008. It will take time to assess the effects of these actions on both gun safety and Second Amendment rights, but, with gun violence skyrocketing across the country, it is clear that finding a balance between rights and safety is desperately needed. The public is ill-equipped to protect itself against the broad harms of gun violence, so the government has a central role to play in addressing those harms and the racial …

Proportioning Collection Space And Learning In An Academic Library: Collection Performance Indicators, Christopher Stewart, Louise Lowe

Faculty Scholarship

Assessment on university campuses increasingly emphasizes learning outcomes and student success. Academic librarians need to identify relationships between their collection spaces and the learning activities of the university in order to play a role in the environment of assessment. Measuring the propor- tions of discipline-oriented content of library collections and comparing those proportions to discipline-oriented learning activities produces collection performance indicators. Academic libraries can use collection performance indicators to assess how well their collection spaces correspond to student demand and student success using readily available metrics. Collection performance indicators answers a gap in library literature per- taining to relationships between …

Cognitive Functioning And Prevalence Of Seizures Among Older Persons In Uganda: A Hospital-Based, Cross-Sectional Study, Martha Sajatovic

Faculty Scholarship

There is limited data on the prevalence of seizures and dementia among older persons in Uganda. We evaluated cognitive functioning, and the prevalence and factors associated with seizures among older persons attending an outpatient medical clinic in Uganda. We randomly selected older adults (60 years and above) attending Kiruddu National Referral Hospital medical outpatient clinics between October 2020 and March 2021. We excluded individuals with a history of head injury, brain tumors, mental retardation, co-morbidity with HIV and patients who have had recent brain surgery. Cognitive functioning was assessed using the Identification for Dementia in Elderly Africans (IDEA) tool. We …

Symptom Severity Mixity In Older-Age Bipolar Disorder: Analyses From The Global Aging And Geriatric Experiments In Bipolar Disorder Database (Gage-Bd), Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Some individuals with bipolar disorder (BD) experience manic and depressive symptoms concurrently, but data are limited on symptom mixity in older age bipolar disorder (OABD). Using the Global Aging & Geriatric Experiments in Bipolar Disorder Database, we characterized mixity in OABD and associations with everyday function. Methods: The sample (n = 805), from 12 international studies, included cases with both mania and depression severity ratings at a single timepoint. Four mixity groups were created: asymptomatic (A), mixed (Mix), depressed only (Dep), and manic only (Man). Generalized linear mixed models used mixity group as the predictor variable; cohort was included …

Competency-Based Social Work Education: 25 Years Of Innovation & Leadership, Zoë Breen Wood, Marjorie N. Edguer, David L. Hussey, Mark Chupp, Grover C. Gilmore, Paul M. Kubek

Faculty Scholarship

The white paper chronicles the 25-year history of one graduate school of social work’s efforts in competency-based curriculum innovation. The authors argue that curriculum change is organizational change and share their experiences with a variety of curriculum assessment, design, and delivery efforts. Beginning with the development of the first social work competencies (labeled Abilities), pioneering efforts in assessment and holistic curricular design and delivery are reviewed. A new, one-semester, social work generalist curriculum is introduced. Emphasis is placed on the importance of developing a competency-based curriculum that is integrated both horizontally and vertically and that engages the social work student …

The Role Of Law And Myth In Creating A Workplace That 'Looks Like America', Susan Bisom-Rapp

Faculty Scholarship

Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring employers to embrace efforts that work. Likewise, many employers and consultants fail to consider the organizational effects created by DEI and harassment programming. Willful ignorance prevents the admission that some policies and programming harm those most in need of protection.

This approach has resulted in two problems. One is a doctrinal dilemma because important presumptions embedded in antidiscrimination law …

Equivocal Originalism, Gary S. Lawson

Faculty Scholarship

"Originalism" is a term shrouded in ambiguity and ripe for equivocation. A recent article by Stephen Sachs in the Harvard Law Review tries to clarify the discussion by distinguishing between originalism as a decision standard, or a set of criteria for ascertaining the truth conditions for propositions, and a decision procedure, or a mechanism for ascertaining whether those truth conditions are satisfied in any given context. That is a helpful distinction, but it still leaves much room for multiple and confusing uses of the term originalism. Jumping off from comments on Professor Sachs's article by Mitchell Berman and Judge Andrew …

Inconceivable Families, Malinda L. Seymore

Faculty Scholarship

Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing them …

Bridge Building In Higher Education: Multi-Modal Mentoring Programs To Support Retention & Career Preparedness, James Hutson, Roger Nasser, Michael Marzano, Ryan Curtis, Elizabeth Macdonald, Sue Edele, Barbara Hosti-Marti

Faculty Scholarship

Despite the limitations on time for career preparedness and shrinking professional development budgets, mentoring remains as important as ever due to the interconnectedness in a global society and the changing demographics of postsecondary education students. The traditional-age population in college that lives on campus and does not work has been declining for over three decades. The majorities of current students that are now non-traditional, and work at least part-time are first-generation, and are pursuing degrees via distance or online learning. The importance of providing a diverse mentoring strategy for this new population is borne out in research in order to …

Accountability: Construct Definition And Measurement Of A Virtue Vital To Flourishing, Charlotte Witvliet, Sung Joon Jang, Byron R. Johnson, C. Stephen Evans, Jack W. Berry, Joseph Leman, Robert C. Roberts, John Peteet, Andrew B. Torrance, Ashley N. Hayden

Faculty Scholarship

Embracing accountability to others for one’s responsibilities within relationships is important for flourishing, yet underexamined. An interdisciplinary team defined the construct of accountability and developed an 11-item single-factor Accountability Scale. In national samples with US census demographic representation (total N = 1257), we conducted psychometric analyses using methods from classical test theory (exploratory and confirmatory factor analyses) and item response theory. The Accountability Scale demonstrated internal consistency, construct validity, test-retest reliability, and incremental validity. Accountability correlated positively with relational variables (agreeableness, empathy) responsibility-oriented variables (conscientiousness, self-regulation), virtues (gratitude, forgiveness, limitations-owning humility), relational repair, perceived meaning presence, and flourishing, inversely with …

Launching Into Life After College, Leonard J. Shedletsky, Jeanette Andonian Dr., David Bantz Dr., Dennis Gibson Mfa

Faculty Scholarship

ABSTRACT This chapter reports on a course that is designed to facilitate the students’ transition out of college and into life after graduation. It describes how the course foregrounds the problems students face, both the technical aspects of the transition and the emotional experience, unthought out ideas about what the students want, their goals, and how they might go about achieving their goals. The authors report on the course culture, assignments, observations from teaching the course, student feedback from focus groups, surveys, behavior, as well as summaries of data on the student’s experience. The need for this course is supported …

A Randomized Controlled Trial Of Customized Adherence Enhancement (Cae-E): Study Protocol For A Hybrid Effectiveness-Implementation Project, Jennifer B. Levin, Farren Briggs, Carol Blixen, Douglas Einstadter, Jeffrey M. Albert, Celeste Weise, Edna Fuentes-Casiano, Kristin A. Cassidy, Martha Sajatovic

Faculty Scholarship

Background: Mood-stabilizing medications are a cornerstone of treatment for people with bipolar disorder, though approximately half of these individuals are poorly adherent with their medication, leading to negative and even severe health consequences. While a variety of approaches can lead to some improvement in medication adherence, there is no single approach that has superior adherence enhancement and limited data on how these approaches can be implemented in clinical settings. Existing data have shown an increasing need for virtual delivery of care and interactive telemedicine interventions may be effective in improving adherence to long-term medication. Methods: Customized adherence enhancement (CAE) is …

Pathways From Exposure To Community Violence To Bullying Victimization Among African American Adolescents In Chicago’S Southside, Dexter R. Voisin

Faculty Scholarship

The present study proposes and examines the pathways from exposure to community violence to bullying victimization through the influences of depression, exposure to peer delinquency, and drug use among 638 African American adolescents (aged 12–22) from low-resourced neighborhoods in Chicago’s Southside. The study found that African American adolescents who were exposed to community violence were likely at risk of bullying victimization, depression, exposure to peer delinquency, and drug use. Depression can heighten the risk of bullying victimization. These findings have implications for future research.

Brief Of Legal Scholars Defending Race-Conscious Admissions As Amici Curiae In Support Of Respondents, Sffa V. Harvard (20-1199) And Sffa V. University Of North Carolina At Chapel Hill (21-707), Jonathan Feingold, Vinay Harpalani

Faculty Scholarship

Legal Scholars Defending Race-Conscious Admissions uplift two underappreciated dynamics in the subject litigation challenging race-conscious admissions at Harvard and UNC:

1) Petitioner Students for Fair Admissions (“SFFA”) conflates two discrete claims against Harvard: (a) an intentional discrimination (or “negative action”) claim alleging that anti-Asian bias benefits white applicants and (b) a standard affirmative action challenge. SFFA blurs these claims to scapegoat and stigmatize affirmative action as a practice that pits Asian Americans against other students of color. Yet, SFFA belies its own narrative. According to SFFA’s own expert, anti-Asian bias—to the extent it exists—is caused by "colorblind" components of the …

Workplace Anonymity, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

The Watts Gang Treaty: Hidden History And The Power Of Social Movements, William J. Aceves

Faculty Scholarship

On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local activists attributed the reduction in shootings to the Treaty. Even law enforcement officials grudgingly recognized the Treaty’s contribution to reducing gang violence and a corresponding decrease in homicides.

The origins of the Watts Gang Treaty can be traced to gang leaders recognizing that …

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The Crt Of Black Lives Matter, Angela Onwuachi-Willig

Faculty Scholarship

Critical Race Theory ("CR T"), or at least its principles, stands at the core of most prominent social movements of today-from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements. …

What’S (Race In) The Law Got To Do With It: Incorporating Race In Legal Curriculum, Sonia Gipson Rankin

Faculty Scholarship

Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age that many complete undergraduate studies and enter law school. With Gen Z entering law schools, the legal academy has been wholeheartedly preparing for the arrival of the first truly digital native generation in a myriad of ways. However, law training has been slow to progress in addressing the unspoken complexities of context and unconscious bias in the classroom with this population. Today’s Gen Z students were predominately raised in de facto segregated schools …

The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang

Faculty Scholarship

How did Frederick Douglass—one who was born a slave, one who had been denied all formal education, one who had been sundered from his family, one who had been starved, tortured, and, on occasion, nearly killed—manage to muster the courage to do something as bold as challenge the United States Supreme Court? This Article suggests that Douglass, in order to assert his right as an American citizen, first had to assert his right as a man in an explicitly gendered sense. That is, Douglass had to muster a powerful sense of manliness that could elevate him psychologically to assert his …