Digital Commons Network^™

An Empirical Study Of Copyright's Substantial Similarity Test, Clark D. Asay

Faculty Scholarship

The substantial similarity test is copyright law’s dominant means by which courts determine whether a party has infringed another party’s copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it. To date, only a few empirical studies exist, and these are limited in several important ways, including with regards to scope, time periods covered, and volume of opinions. Mostly, courts, commentators, and scholars rely on anecdotal accounts of the test in both their conceptualizations and critiques of it.

To help provide a clearer empirical assessment of the test, this study …

Essential Property, Timothy M. Mulvaney, Joseph William Singer

Faculty Scholarship

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws.

The …

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 …

The Private Law Of Stablecoins, Kara J. Bruce, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Stablecoins are one of the cornerstones of the crypto world. They’ve attracted significant attention over the past few years, ranging from Wall Street to kitchen table investors, and even the White House. As a less volatile alternative to crypto-assets like bitcoin, stablecoins have the potential to change the way we make payments, unlock the groundwork needed for more blockchain-based applications, and even reorient the economy toward private money. But how stable are these stablecoins, really? Can they be relied upon in the way their many proponents claim? And how much of the popular beliefs about stablecoins match their realities? That’s …

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Faculty Scholarship

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …

"Keep To The Code”: A Global Code Of Conduct For Third-Party Funders, Victoria Sahani

Faculty Scholarship

Global commercial third-party funding has given rise to wide-ranging regulatory approaches worldwide. Consequently, funders can engage in cross-border regulatory arbitrage by exploiting regulatory gaps within and among nations. This Article argues that the global community of nations should articulate a universal approach to the behavioral expectations of third-party funders operating transnationally, independent of local laws regarding the technical business of funding. It asserts that the key to fostering the ethical development of the third-party funding industry is to develop a globally applicable but locally enforced code of conduct or professional responsibility for the industry. Moreover, a successful regime for funder …

Contracts Scholarship Beyond Materialisierung, Daniela Caruso

Faculty Scholarship

This comment aims to show how Klaus Eller's paper on ‘The Political Economy of Tenancy Contract Law raises the stakes of private law scholarship and contributes to the larger project of remodeling legal institutions in a progressive direction. The comment starts by contextualising the rapid spread of the Law and Political Economy (LPE) movement; illustrates through examples the generative impact of LPE on contemporary contracts scholarship; and highlights two strands of Eller’s original contribution to such literature: a welcome reflection on the value and limits of Materialisierung, and a radical widening of the private law inquiry to include institutional …

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 …

Social Determinants Of Health And Child Maltreatment Prevention: The Family Success Network Pilot, Nancy Rolock, David Crampton

Faculty Scholarship

Child maltreatment is a highly prevalent public health concern that contributes to morbidity and mortality in childhood and short- and long-term health consequences that persist into adulthood. Past research suggests that social determinants of health such as socioeconomic status and intergenerational trauma are highly correlated with child maltreatment. With support from the U.S. Children’s Bureau, the Ohio Children’s Trust Fund is currently piloting the Family Success Network, a primary child maltreatment prevention strategy in Northeast Ohio that seeks to address these social determinants through pillars of service that include family coaching, financial assistance, financial education, parenting education, and basic life …

Testing Modified Gravity Theories With Numerical Solutions Of The External Field Effect In Rotationally Supported Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

The strong equivalence principle is violated by gravity theories of Milgromian dynamics [modified Newtonian dynamics (MOND)] through the action of the external field effect. We test two different Lagrangian theories Aquadratic-Lagrangian (AQUAL) and quasilinear MOND (QUMOND) based on their numerical solutions of the external field effect, by comparing two independent estimates of the mean external field strength of the nearby universe: a theory-deduced value from fitting the outer rotation curves of 114 galaxies and an empirical value from the large-scale distribution of cosmic baryons. The AQUAL-deduced external field strength from rotation curves agrees with that from the large-scale cosmic environment, …

Variational And Phase Response Analysis For Limit Cycles With Hard Boundaries, With Applications To Neuromechanical Control Problems, Jeffery P. Gill, Hillel J. Chiel, Peter J. Thomas, Peter J. Thomas

Faculty Scholarship

Motor systems show an overall robustness, but because they are highly nonlinear, understanding how they achieve robustness is difficult. In many rhythmic systems, robustness against perturbations involves response of both the shape and the timing of the trajectory. This makes the study of robustness even more challenging. To understand how a motor system produces robust behaviors in a variable environment, we consider a neuromechanical model of motor patterns in the feeding apparatus of the marine mollusk Aplysia californica (Shaw et al. in J Comput Neurosci 38(1):25–51, 2015; Lyttle et al. in Biol Cybern 111(1):25–47, 2017). We established in (Wang et …

Effects Of Creatine Monohydrate Timing On Resistance Training Adaptations And Body Composition After 8 Weeks In Male And Female Collegiate Athletes, Nicholas E. Dinan, Anthony Hagele, Andrew R. Jagim, Michael G. Miller, Chad M. Kerksick

Faculty Scholarship

Background: Limited research is available on the potential impact of creatine monohydrate administration before or after workouts among athletes. This study aimed to investigate the effects of pre- vs. post-exercise creatine monohydrate supplementation on resistance training adaptations and body composition.

Methods: In a randomized, double-blind, placebo-controlled, parallel design, 34 healthy resistance-trained male and female athletes were randomly assigned and matched according to fat free mass to consume a placebo, or 5-g dose of creatine monohydrate within 1 h before training, or within 1 h after training for 8 weeks, while completing a weekly resistance training program. Participants co-ingested 25-gram doses …

Centering Black Women In Patent History, Jessica Silbey

Faculty Scholarship

Professor Kara Swanson’s latest article is a remarkable example of legal historical scholarship that excavates stories from the past to illuminate the present. It is chock full of archival evidence and historical analysis that explains gaps and silences in the United States patent registry as evidence of marginalized inventors–particularly Black women–who should be named inventors but are not.

The article is arresting reading for anyone interested in antebellum history, intellectual property, and the intersection of racism and sexism in law. Mostly, I am grateful to Professor Swanson for doing the obviously very hard work of digging through archives, reading microfiche, …

Catch Bonds In Sickle Cell Disease: Shear-Enhanced Adhesion Of Red Blood Cells To Laminin, Utku Goreke, Shamreen Iram, Gundeep Singh, Sergio Domínguez-Medina, Yuncheng Man, Allison Bode, Ran An, Jane A. Little, Christopher L. Wirth, Michael Hinczewski, Umut A. Gurkan

Faculty Scholarship

Could the phenomenon of catch bonding—force-strengthened cellular adhesion—play a role in sickle cell disease, where abnormal red blood cell (RBC) adhesion obstructs blood flow? Here we investigate the dynamics of sickle RBCs adhering to a surface functionalized with the protein laminin (a component of the extracellular matrix around blood vessels) under physiologically relevant micro-scale flow. First, using total internal reflectance microscopy we characterize the spatial fluctuations of the RBC membrane above the laminin surface before detachment. The complex dynamics we observe suggest the possibility of catch bonding, where the mean detachment time of the cell from the surface initially increases …

Trophic Model Closure Influences Ecosystem Response To Enrichment, Anne Willem Omta

Faculty Scholarship

There exists considerable uncertainty about the most appropriate functional form to describe mortality at the highest trophic level (the closure problem). Although linear and quadratic formulations predict strongly different dynamics, it is unclear which of these formulations is more realistic. We introduce an implicit predator population feeding on the highest trophic level, parameterized through a Holling Type II functional response and empirically observed predator–prey scaling relations. Thus, we arrive at a hyperbolic mortality formulation that is a hybrid between the linear and quadratic forms. Subsequently, we investigate the impact of this formulation on the modeled population dynamics. In particular, we …

Behavior Of Concrete Reinforced With Date Palm Fibers, Elias Ali

Faculty Scholarship

In recent decades, researchers have begun to investigate innovative sustainable construction materials for the development of greener and more environmentally friendly infrastructures. The main purpose of this article is to investigate the possibility of employing date palm tree waste as a natural fiber alternative for conventional steel and polypropylene fibers (PPFs) in concrete. Date palm fibers are a common agricultural waste in Middle Eastern nations, particularly Saudi Arabia. As a result, this research examined the engineering properties of high‐strength concrete using date palm fibers, as well as the performance of traditional steel and PPF concrete. The concrete samples were made …

Grafting Of Short Elastin-Like Peptides Using An Electric Field, Nuttanit Pramounmat, Sogol Asaei, Jacob D. Hostert, Horst A. Von Recum, Julie N. Renner

Faculty Scholarship

Surface-grafted elastin has found a wide range of uses such as sensing, tissue engineering and capture/release applications because of its ability to undergo stimuli-responsive phase transition. While various methods exist to control surface grafting in general, it is still difficult to control orientation as attachment occurs. This study investigates using an electric field as a new approach to control the surface-grafting of short elastin-like polypeptide (ELP). Characterization of ELP grafting to gold via quartz crystal microbalance with dissipation, atomic force microscopy and temperature ramping experiments revealed that the charge/hydrophobicity of the peptides, rearrangement kinetics and an applied electric field impacted …

The Mid‑Pleistocene Transition: A Delayed Response To An Increasing Positive Feedback?, Anne Willem Omta, Peter Thomas

Faculty Scholarship

Glacial–interglacial cycles constitute large natural variations in Earth’s climate. The Mid-Pleistocene Transition (MPT) marks a shift of the dominant periodicity of these climate cycles from ∼40 to ∼100 kyr. Recently, it has been suggested that this shift resulted from a gradual increase in the internal period (or equivalently, a decrease in the natural frequency) of the system. As a result, the system would then have locked to ever higher multiples of the external forcing period. We find that the internal period is sensitive to the strength of positive feedbacks in the climate system. Using a carbon cycle model in which …

Survey Tools For Measuring Research Or Evidence‐Based Practice Constructs In Dietetics: A Narrative Review, Rosa K. Hand

Faculty Scholarship

Background: Exact quantification of research conducted by dietitians and tracking the effectiveness of interventions or training programs to increase either evidence-based practice (EBP) or research behaviours have been hampered by the variety of tools used to measure these constructs. Methods: In this narrative review, we identified and classified the various tools previously used to measure constructs related to research and/or EBP in the dietetics profession, and to summarise estimates of the constructs measured. Results: We identified and classified 15 scored tools that had been used at least once in the dietetics profession and extracted tool parameter estimates from 22 resulting …

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 …

Defective Thyroglobulin: Cell Biology Of Disease, Xiaohan Zhang, Crystal Young, Yoshiaki Morishita, Kookjoo Kim, Omer O. Kabil, Oliver B. Clarke, Bruno Di Jeso, Peter Arvan

Faculty Scholarship

The primary functional units of the thyroid gland are follicles of various sizes comprised of a monolayer of epithelial cells (thyrocytes) surrounding an apical extracellular cavity known as the follicle lumen. In the normal thyroid gland, the follicle lumen is filled with secreted protein (referred to as colloid), comprised nearly exclusively of thyroglobulin with a half-life ranging from days to weeks. At the cellular boundary of the follicle lumen, secreted thyroglobulin becomes iodinated, resulting from the coordinated activities of enzymes localized to the thyrocyte apical plasma membrane. Thyroglobulin appearance in evolution is essentially synchronous with the appearance of the follicular …

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, …

Identifying Factors Associated With Periodontal Disease Using Machine Learning, Hussam M. Alqahtani, Siran M. Koroukian, Kurt C. Stange, Nicholas K. Schiltz, Nabil F. Bissada

Faculty Scholarship

Objective: This study aimed to identify combinations of chronic conditions associated with the presence and severity of periodontal disease (PD) after accounting for a series of demographic and behavioral characteristics in a nationally representative sample of US adults. Materials and Methods: A cross-sectional study of the 2013–2014 National Health and Nutrition Examination Survey (n = 4555). Outcome measure: PD using clinical attachment loss (measured as none, mild, moderate, or severe). The main independent variables were self-reported chronic conditions, while other covariates included demographic and behavioral variables. Classification and regression tree analysis was used to identify combinations of specific chronic conditions …

Aggregation And Abuse: Mass Torts In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.

Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon

Faculty Scholarship

The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …

Characterizing Legal Implications For The Use Of Transboundary Aquifers, Gabriel Eckstein

Faculty Scholarship

Groundwater resources that traverse political boundaries are becoming increasingly important sources of freshwater in international and intranational arenas worldwide. This is a direct extension of the growing need for new sources of freshwater, as well as the impact that excessive extraction, pollution, climate change, and other anthropogenic activities have had on surface waters. It is also a function of the growing realization that groundwater respects no political boundaries, and that aquifers traverse jurisdictional lines at all levels of political geography.

Due to this growing awareness, questions pertaining to responsibility and liability are now being raised in relation to the use, …

Do Not Put All Your Eggs In One Basket: Social Perspectives On Desalination And Water Recycling In Israel, Gretchen Sneegas, Lucas Seghezzo, Christian Brannstrom, Wendy Jepson, Gabriel Eckstein

Faculty Scholarship

Israel has set ambitious goals in terms of the widespread adoption of desalination and water recycling technologies. Policymakers in Israel consider these technologies as the key to improve urban water security but knowledge of stakeholder views on this policy approach is not well established. We deployed the Q-methodology, a qualitative–quantitative approach, to empirically determine social perspectives on desalination and water recycling across a wide range of stakeholders in the Israeli water sector. We identified the following four distinctive social perspectives: (1) desalination should be the option of last resort; (2) desalination is moving us to an infinite resource; (3) equating …

Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu

Faculty Scholarship

In the year 1978, the 1976 Copyright Act had just entered into effect. Marshall Leaffer, whom this article will affectionately refer to by his first name, had just completed his duties as an attorney advisor at the U.S. Copyright Office. On his way to academia, he, like the fictional character Captain William “Buck” Rogers, was to experience cosmic forces beyond all comprehension. In a freak mishap, his car veered off a rarely used mountain road and was frozen by temperatures beyond imagination. He did not return to academia until more than forty years later. What will he discover upon his …