Digital Commons Network^™

Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh

Faculty Scholarship

“Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a three-part framework: whether a case is rightly decided legally, morally, or sociologically.

Additionally, this Essay argues that disaggregating the question exposes deeper deficiencies in legal education. Many law professors do not provide students with serious grounding to engage in rigorous thinking about the relationship between law, morality, and justice, not to …

Parenting And The Academic Library: Experiences, Challenges, And Opportunities, Courtney Stine, Sarah Frankel, Anita Hall

Faculty Scholarship

Academic Library Workers in Conversation is a C&RL News series focused on elevating the everyday conversations of library professionals. The wisdom of the watercooler has long been heralded, but this series hopes to go further by minimizing barriers to traditional publishing with an accessible format. Each of the topics in the series were proposed by the authors and they were given space to explore. This issue’s conversation revolves around parenting and how academic libraries must do more. The insights from the authors apply beyond parenting and are a great reminder that people make our academic libraries work.— Dustin Fife, series …

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 …

Peripheral Quantitative Computed Tomography Is A Valid Imaging Technique For Tracking Changes In Skeletal Muscle Cross-Sectional Area, Bradley A. Ruple, Christopher G. Vann, Casey L. Sexton, Shelby C. Osburn, Morgan A. Smith, Joshua S. Godwin, Petey W. Mumford, Matt S. Stock, Michael D. Roberts, Kaelin C. Young

Faculty Scholarship

Peripheral quantitative computed tomography (pQCT) has recently expanded to quantifying skeletal muscle, however its validity to determine muscle cross‐sectional area (mCSA) compared to magnetic resonance imaging (MRI) is unknown. Eleven male participants (age: 22 ± 3 y) underwent pQCT and MRI dual‐leg mid‐thigh imaging before (PRE) and after (POST) 6 weeks of resistance training for quantification of mid‐thigh mCSA and change in mCSA. mCSA agreement at both time points and absolute change in mCSA across time was assessed using Bland‐ Altman plots for mean bias and 95% limits of agreement (LOA), as well as Lin's concordance correlation coefficients (CCC). Both …

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 …

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 …

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 …

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 …

Bridging The Divide: Improving Digital Humanities Pedagogy By Networking Higher Education And Secondary Education Faculty In St. Louis, Geremy Carnes, Margaret K. Smith

Faculty Scholarship

In 2021, faculty at Lindenwood University and Southern Illinois University Edwardsville (SIUE) led the formation of a Saint Louis Digital Humanities (STL DH) Network of faculty and scholars at area universities, schools, and cultural institutions.1 The Lindenwood and SIUE campuses bookend the St. Louis metro area, a region whose strong geospatial presence offers fruitful opportunities for digital humanities (DH) education but which also suffers from long, deeply ingrained economic and racial segregation. While other regional DH networks exist, the STL DH Network is unique in taking undergraduate education and secondary education— and particularly equitable access to education—as its chief focus. …

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, …

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 …

“Safe” Annuity Retirement Products And A Possible Us Retirement Crisis, Thomas E. Lambert, Christopher B. Tobe

Faculty Scholarship

This paper examines a looming possible crisis in many Americans’ retirement plans due to the proliferation of annuity products in their retirement investment portfolios. As defined benefit pension plans have almost completely disappeared as a means of retirement savings and have been replaced by defined contribution retirement plans over the last 40 to 50 years, a great number of private and public sector defined contribution retirement plans have become laden with insurance contracts called annuities. Of the remaining solid defined benefit plans many, through a process called Pension Risk Transfer are being converted to high-risk single entity annuities. Such products …

Horse Racing And Historical Horse Racing’S Impact On The Kentucky Economy: Possible Hhr Saturation?, Thomas E. Lambert

Faculty Scholarship

The Commonwealth of Kentucky currently has 5 thoroughbred racing tracks and 3 harness racing tracks (Kentucky Horse Racing Commission 2023 and Mint Julep Louisville 2021). As Table 1 below shows, the industry employees roughly 7,000 people (direct jobs), and these jobs annually support another 2,000 jobs or so throughout the state. These 2,000 jobs are jobs that are provided by the suppliers to the horse race tracks (indirect jobs) and jobs that are created by the spending of the race track employees and the employees of suppliers on food, housing, transportation, and clothing by vendors and retailers throughout the state …

Consumer Law For Gen Z Law Students, Neil Sobol

Faculty Scholarship

Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and face a new wave of consumer laws arising from the 2007–2009 recession and the rapid growth of new technologies. Clickwrap agreements, email spoofing, cybercrimes, cryptocurrencies, fintech, identity theft, online disparagement, data privacy, artificial intelligence, robocalling, and autonomous vehicles are among the evolving topics in modern consumer law. Despite the growth in consumer law concerns, many law students have limited access to consumer law options, with almost …

It’S Dead! Can Postbiotics Really Help Performance And Recovery? A Systematic Review, Chad M. Kerksick, Jessica M. Moon, Ralf Jäger

Faculty Scholarship

In recent years, postbiotics have increased in popularity, but the potential relevancy of postbiotics for augmenting exercise performance, recovery, and health is underexplored. A systematic literature search of Google Scholar and PubMed databases was performed with the main objective being to identify and summarize the current body of scientific literature on postbiotic supplementation and outcomes related to exercise performance and recovery. Inclusion criteria for this systematic review consisted of peer-reviewed, randomized, double-blind, and placebo-controlled trials, with a population including healthy men or women >18 years of age. Studies required the incorporation of a postbiotic supplementation regimen and an outcome linked …

Milk Or Kefir, In Comparison To Water, Do Not Enhance Running Time-Trial Performance In Endurance Master Athletes, Kristen N. Gross, Patrick S. Harty, Joesi M. Krieger, Petey W. Mumford, Kyle L. Sunderland, Anthony M. Hagele, Chad Kerksick

Faculty Scholarship

This study compared flavored kefir (KFR) and flavored milk (MLK) as a recovery drink in endurance master athletes. Using a randomized, placebo-controlled, non-blinded crossover design, 11 males and females completed three testing visits whilst acutely ingesting either KFR, MLK, or water as a placebo (PLA). KFR supplementation occurred for 14 days before the KFR-testing day, followed by a 3-week washout period. Testing visits consisted of an exhausting-exercise (EE) bout, a 4-h rest period where additional carbohydrate feeding was provided, and a treadmill 5 km time trial (TT). The Gastrointestinal Symptom Rating Scale (GSRS) survey was assessed at four timepoints. Blood …

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Faculty Scholarship

Every passing month of high interest rates increases the chances of massive job cuts and a devastating recession that still might come if the Fed maintains interest rates at their current levels for long enough. Recessions impose not only widespread short-term pain but also lifelong harms for many, as vulnerable populations and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the sacrifice that ensues. We call this inflation-fighting paradigm monetary primacy. …

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 …

Four Futures Of Chevron Deference, Daniel E. Walters

Faculty Scholarship

In two upcoming cases, the Supreme Court will consider whether to overturn the Chevron doctrine, which, since 1984, has required courts to defer to reasonable agency interpretations of otherwise ambiguous statutes. In this short essay, I defend the proposition that, even on death’s door, Chevron deference is likely to be resurrected, and I offer a simple positive political theory model that helps explain why. The core insight of this model is that the prevailing approach to judicial review of agency interpretations of law is politically contingent—that is, it is likely to represent an equilibrium that efficiently maximizes the Supreme Court’s …

Smart Cities And Aging Well: Exploring The Links Between Technological Models And Social Models For Promoting Daily Social Interaction For Geriatric Care, Jocelyne Kiss, Lindenwood University

Faculty Scholarship

The aging global population requires a new social model to meet the growing social, economic, and physical needs of seniors. Western social models need to be reconsidered in light of examples that support communal ways of living, which are sustainable through smart city design for more supportive geriatric care systems. To address the complex problems of geriatric care in this growing aging population with specific needs related to increased lifespan and limited financial resources, the use of emerging technologies, such as artificial intelligence (AI) and the Internet of Things (IoT), should be considered. As retirement ages rise and funds for …

Factors Influencing Music Therapists’ Retention Of Clinical Hours With Autistic Clients Over Telehealth During The Covid-19 Pandemic, Nicole M. Richard Williams

Faculty Scholarship

The COVID-19 pandemic influenced music therapists to migrate services to online platforms, though some lost clinical hours during the pandemic when telehealth was not a viable option. This survey study aimed to ascertain factors that helped music-based therapists to continue serving autistic clients over telehealth during the pandemic. We surveyed 193 accredited music therapists located mainly in Canada and the United States. In addition to gathering data on general perceptions of telehealth music therapy and Neurologic Music Therapy® (NMT), one-way ANOVAs were applied to determine differences in percent-change loss of clinical hours for music therapists: 1) working in different employment …

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 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 …

A Conceptual Analysis Of Sbirt Implementation Alongside The Continuum Of Prep Awareness: Domains Of Fit And Feasibility., Lesley M. Harris, Kerr C. Jelani, Blake D. Skidmore, Smita Ghare, Andrea Reyes-Vega, Vania Remenik-Zarauz, Harideep Samanapally, Rana U. Anwar, Rishikesh Rijal, Kendall Bryant, Martin T. Hall, Shirish Barve

Faculty Scholarship

Screening, Brief Intervention, and Referral to Treatment (SBIRT) is a supplementary intervention that can be incorporated into the Pre-Exposure Prophylaxis (PrEP) Care Continuum, complementing initiatives and endeavors focused on Human Immunodeficiency Virus (HIV) prevention in clinical care and community-based work. Referencing the Transtheoretical Model of Change and the PrEP Awareness Continuum, this conceptual analysis highlights how SBIRT amplifies ongoing HIV prevention initiatives and presents a distinct chance to address identified gaps. SBIRT's mechanisms show promise of fit and feasibility through (a) implementing universal Screening (S), (b) administering a Brief Intervention (BI) grounded in motivational interviewing aimed at assisting individuals in …

Lived Experiences: Growing Up With A Seriously Mentally Ill Parent, Deborah Lindell, Elliane Irani

Faculty Scholarship

Introduction: Individuals with serious mental illness often have persistent and disruptive symptoms. These can profoundly affect their children's lives, exposing them to adverse social and psychological conditions. Such conditions can result in traumatic lived experiences during childhood, which can carry over into adulthood, influencing their self-perceptions and shaping their attitudes toward themselves and society. To gain insights into this phenomenon, this study explored the lived experiences of adults who grew up with a parent with serious mental illness and their perceptions of their lives in adulthood. Design: This study used an interpretive phenomenological design. Methods: Participants were invited to voluntarily …

Enhancing Proprioception And Regulating Cognitive Load In Neurodiverse Populations Through Biometric Monitoring With Wearable Technologies, James Hutson, Piper Hutson

Faculty Scholarship

This paper considers the realm of wearable technologies and their prospective applications for individuals with neurodivergent conditions, specifically Autism Spectrum Disorders (ASDs). The study undertakes a multifaceted analysis that encompasses biomarker sensing technologies, AI-driven biofeedback mechanisms, and haptic devices, focusing on their implications for enhancing proprioception and social interaction among neurodivergent populations. While wearables offer a range of opportunities for societal advancement, a discernable gap remains: a scarcity of consumer-oriented applications tailored to the unique physiological and psychological needs of these individuals. Key takeaways underscore the emergent promise of tailored auditory stimuli in workplace dynamics and the efficacy of haptic …

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.

Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Gutte

Faculty Scholarship

Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the "injurer-innovator problem." Patent law incentivizes injurers --often uniquely positioned to make technological breakthroughs--by allowing them to profit from licensing their inventions to competitors. Yet tort law, by imposing liability for failures to invest in care, forces injurers to incur the cost of implementing their own innovations. When the cost of self-implementation …

The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin

Faculty Scholarship

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …