Digital Commons Network^™

The Case For Online Obscurity, Woodrow Hartzog, Frederic Stutzman

Faculty Scholarship

On the Internet, obscure information has a minimal risk of being discovered or understood by unintended recipients. Empirical research demonstrates that Internet users rely on obscurity perhaps more than anything else to protect their privacy. Yet, online obscurity has been largely ignored by courts and lawmakers. In this Article, we argue that obscurity is a critical component of online privacy, but it has not been embraced by courts and lawmakers because it has never been adequately defined or conceptualized. This lack of definition has resulted in the concept of online obscurity being too insubstantial to serve as a helpful guide …

Big Data In Small Hands, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

"Big data" can be defined as a problem-solving philosophy that leverages massive data-sets and algorithmic analysis to extract "hidden information and surprising correlations." Not only does big data pose a threat to traditional notions of privacy, but it also compromises socially shared information. This point remains under appreciated because our so-called public disclosures are not nearly as public as courts and policymakers have argued — at least, not yet. That is subject to change once big data becomes user friendly.

Most social disclosures and details of our everyday lives are meant to be known only to a select group of …

Social Data, Woodrow Hartzog

Faculty Scholarship

As online social media grow, it is increasingly important to distinguish between the different threats to privacy that arise from the conversion of our social interactions into data. One well-recognized threat is from the robust concentrations of electronic information aggregated into colossal databases. Yet much of this same information is also consumed socially and dispersed through a user interface to hundreds, if not thousands, of peer users.

In order to distinguish relationally shared information from the threat of the electronic database, this essay identifies the massive amounts of personal information shared via the user interface of social technologies as “social …

Underneath Her Pantsuit: A Reflection On Hanna Rosin's The End Of Men, Aziza Ahmed

Faculty Scholarship

In her book, The End of Men, ¹ Hanna Rosin argues that women have “surpassed” men. This new reality necessitates a reevaluation of marriage, family, sex, and gender roles.² To further her claim, Rosin dedicates a chapter of her book to the topic of violence committed by women. She argues that women are becoming more violent³ :

The new [trope] taps into a fear that as they gain more power, women will use violence and their new specialized skills to get what they want. Singular and exotic though these cases may be, they raise the broader unsettling possibility …

Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven Arrigg Koh

Faculty Scholarship

This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence.

This Article identifies this gap in the literature—the prison location omission—and fills it from three different vantage points:

(1) U.S. procedural provisions governing prison designation;

(2) international procedural provisions governing prison designation; and

(3) the relationship between imprisonment and broader theories of criminal punishment.

Through comparison of …

“Rugged Vaginas” And “Vulnerable Rectums”: The Sexual Identity, Epidemiology, And Law Of The Global Hiv Epidemic, Aziza Ahmed

Faculty Scholarship

AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the "identity/risk narrative ": the commonsense understanding about an identity group's HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV; while the fragility of a woman's vaginal wall provides a biological foundation for women's vulnerability. …

Do Forensic Interviewing Methods Or The Presentation Of Research Findings Effect Juror's Perceptions Of Child Witnesses?, Pamela Tessier

Graduate Theses, Dissertations, and Problem Reports (ETD)

It is not uncommon for children to be called to testify as eyewitnesses in court cases. In cases of child sexual abuse, children are often the only witness to the crime and are thus relied upon for truthful testimony in the case. Given a number of different forensic interviewing techniques, jurors may find themselves looking at some interview techniques as more credible and truth-inducing than others. This study aimed to find how much, if any, influence the type of interview used with the child has on the individual juror. It also aimed to assess the effect that presenting research findings …

Introductory Note To Prosecutor V. Germain Katanga: Judgment On The Appeal Against The Decision Of Trial Chamber Ii Of 21 November 2012 (Int'l Crim. Ct.), Steven Arrigg Koh

Faculty Scholarship

The Appeals Chamber of the International Criminal Court (ICC) in the case of Prosecutor v. Germain Katanga held that a Trial Chamber, during the deliberations stage of trial proceedings, may, pursuant to Regulation 55 of the Regulations of the Court (Regulation 55), give notice of a possible modification of the legal characterization of the facts in its final Judgment, so long as the trial remains fair. This Introductory Note will provide background on the Katanga case and Regulation 55, summarize the Appeals Chamber's Judgment, and discuss the implications of this ruling.

Hunting Stag With Fly Paper: A Hybrid Financial Instrument For Social Enterprise, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

Social entrepreneurs and socially motivated investors share a belief in the power of social enterprise: ventures that pursue a "double bottom line" of profit and social good. Unfortunately, they also share a deep mutual suspicion. Recognizing that social ventures-just like traditional for-profit and nonprofit enterprises-need capital to flourish, this Article offers a financing tool to transform that skepticism into commitment. Unlike the array of new entities that have emerged in recent years-including L3Cs, benefit corporations, and flexible purpose corporations-the hybrid financial instrument this Article describes provides a robust and transparent solution to the puzzle that lies at the heart of …

Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-­known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-­interest can cause people to overlook unethical behavior, it argues …

Motivation Matters: Guideline 10.13 And Other Mechanisms For Preventing Lawyers From Surrendering To Self-Interest In Responding To Allegations Of Ineffective Assistance In Death Penalty Cases, Tigran W. Eldred

Faculty Scholarship

Defense lawyers whose clients are sentenced to death are virtually guaranteed to be accused of ineffective assistance of counsel. The question is how they will respond. On one hand, lawyers alleged to be ineffective are obligated under Guideline 10.13 of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases to continue to safeguard the interests of their former clients, a duty that includes full cooperation in appropriate legal strategies chosen to pursue the ineffectiveness claim. On the other hand, lawyers who are accused of ineffectiveness often react defensively to the allegation, reflexively …

Ip Injury And The Institutions Of Patent Law, Paul Gugliuzza

Faculty Scholarship

This paper reviews Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, the pathbreaking book by Christina Bohannan and Herbert Hovenkamp (Oxford Univ. Press 2012). The Review begins by summarizing the book’s descriptive insights and analyzing one of its important normative proposals: the adoption of an IP injury requirement. This requirement would demand that infringement plaintiffs prove -- before obtaining damages or an injunction -- an injury to the incentive to innovate. After explaining how this requirement is easy to justify under governing law and is largely consistent with recent Supreme Court decisions in the field of patent law, the …

Ion Transport Across Nano-Microchannel Interfaces., William Albert Booth

Graduate Theses, Dissertations, and Problem Reports (ETD)

Finite element numerical simulations are used to examine the effects of various parameters on synthetic charge-selective nanochannel systems in series with microchannels. In particular the origins of uidic ionic current rectification and the transient development of such systems in response to electric potential biases is explored. The origin of current rectification is these systems is found to be asymmetric concentration polarization. This leads to diffusion layers that form in response to an applied bias . The asymmetric diffusion layers may have 1D and higher dimensional origins. The systems are found to change over three time scales each associated with a …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Greg Klass, Kathryn Zeiler

Faculty Scholarship

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien

Faculty Scholarship

Kentucky has managed to effect major changes to some of its pension plans in the face of poor funding ratios that threatened to swamp other budget priorities. At this point it is unclear whether the reforms are deep enough to bring the plans funding levels in line with those of “healthy” states like Wisconsin. It is also unclear whether there is the political will in other jurisdictions to curb costs by moving to defined contribution or hybrid cash balance vehicles. Transparency combined with a fear that pension obligations would soon swamp all other state budget priorities appears to have been …

Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain

Faculty Scholarship

This Article traces the evolution of federal family law and policy from 1992-2012 and beyond by considering the legacy of Clintonism, the “Third Way” political philosophy developed by William Jefferson Clinton and the Democratic Leadership Council. Present day economic inequality is spurring reflection on the role of government and on the meaning and form of progressive politics. Clintonism’s centrist, progressive approach linked governmental provision of opportunity to personal responsibility (“working hard and playing by the rules”) and appealed to values of family, community, faith, liberty, and inclusion. By linking family values to family policies, Clintonism’s New Covenant successfully challenged the …

Efficacy Of Parent-Child Interaction Therapy With Parents With Intellectual Disability., Karishma Chengappa

Graduate Theses, Dissertations, and Problem Reports (ETD)

Parents with intellectual disability are faced with the challenges of parenting as well as with having to deal with cognitive difficulties and limited financial and social supports. Deficits in parenting ability often are associated with poor child outcomes such as developmental delays, mental health concerns, neglect, and disruptive behavior disorders. Parents with intellectual disabilities frequently come under the scrutiny of child protective services for neglect and inadequate parenting and are often overrepresented in child maltreatment proceedings. When given systematic skills training using applied behavior analysis, these parents have been shown to improve a narrow range of basic child care skills. …

Maryland V. King: Terry V. Ohio Redux, Tracey Maclin

Faculty Scholarship

In Maryland v. King, the Supreme Court addressed whether forensic testing of DNA samples taken from persons arrested for violent felonies violated the Fourth Amendment. The purpose behind DNA testing laws is obvious: collecting and analyzing DNA samples advances the capacity of law enforcement to solve both "cold cases" and future crimes when the government has evidence of the perpetrator's DNA from the crime scene.

In a 5-4 decision, the Court, in an opinion by Justice Kennedy, upheld Maryland's DNA testing statute, and presumably the similar laws of twenty-seven other states and the federal government.

Although Justice Kennedy's opinion suggests …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner

Faculty Scholarship

Arguments over the constitutionality of the Affordable Care Act illustrate the pervasiveness of health law issues in society. In court, arguments on both sides also demonstrated insufficient knowledge of the health care system and health insurance to identify and present useful arguments. Too many lawyers remained wedded to theories of constitutional law that have become disconnected from twenty-first century realities. Legal education may have something to answer for in this respect. This essay examines how legal education in health law may offer some valuable responses to ongoing critiques of legal education in general. The more law moves away from strict …

Coordination Reconsidered, Richard Briffault

Faculty Scholarship

At the heart of American campaign finance law is the distinction drawn by the Supreme Court in Buckley v. Valeo between contributions and expenditures. According to the Court, contributions may be limited because they pose the dangers of corruption and the appearance of corruption, but expenditures pose no such dangers and therefore may not be limited. The distinction between the two types of campaign spending turns not on the form – the fact that contributions proceed from a donor to a candidate, while expenditures involve direct efforts to influence the voters – but on whether the campaign practice implicates the …

University Assessment Services, National Survey Of Student Engagement, 2013, Illinois State University

Student Success

National Survey of Student Engagement (NSSE) administered by University Assessment Services, Illinois State University, to Seniors. 2013.

Do Liars Believe? Beliefs And Other-Regarding Preferences In Sender-Receiver Games, Roman M. Sheremeta, Timothy W. Shields

ESI Publications

We examine subjects’ behavior in sender–receiver games where there are gains from trade and alignment of interests in one of the two states. We elicit subjects’ beliefs, risk and other-regarding preferences. Our design also allows us to examine the behavior of subjects in both roles, to determine whether the behavior in one role is the best response to the subject's own behavior in the other role. The results of the experiment indicate that, when acting as senders, the majority of subjects adopt deceptive strategies by sending favorable message when the true state of the nature is unfavorable. When acting as …

Annual Patterns Of Atmospheric Pollutions And Episodes Over Cairo Egypt, Y. Aboel Fetouh, Hesham El-Askary, Mohamed El Raey, Mohamed Allali, W. A. Sprigg, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

The Nile Delta major cities, particularly Cairo, experienced stagnant air pollution episodes, known as Black Cloud, every year over the past decade during autumn. Low-elevated thermal inversion layers play a crucial role in intensifying pollution impacts. Carbon monoxide, ozone, atmospheric temperature, water vapor, and methane measurements from the tropospheric emission spectrometer (TES) on board the Aura have been used to assess the dominant component below the inversion layer. In this study, time series analysis, autocorrelations, and cross correlations are performed to gain a better understanding of the connections between those parameters and their local effect. Satellite-based data were obtained for …

Menthol Binding And Inhibition Of A7-Nicotinic Acetylcholine Receptors, Abrar Ashoor, Jacob C. Nordman, Daniel Veltri, Keun-Hang Susan Yang, Lina T. Al Kury, Yaroslav M. Shuba, Mohamed Magoub, Frank Christopher Howarth, Bassem Sadek, Amarda Shehu, Nadine Kabbani, Murat Oz

Mathematics, Physics, and Computer Science Faculty Articles and Research

Menthol is a common compound in pharmaceutical and commercial products and a popular additive to cigarettes. The molecular targets of menthol remain poorly defined. In this study we show an effect of menthol on the α7 subunit of the nicotinic acetylcholine (nACh) receptor function. Using a two-electrode voltage-clamp technique, menthol was found to reversibly inhibit α7-nACh receptors heterologously expressed in Xenopus oocytes. Inhibition by menthol was not dependent on the membrane potential and did not involve endogenous Ca2+-dependent Cl− channels, since menthol inhibition remained unchanged by intracellular injection of the Ca2+ chelator BAPTA and perfusion with Ca2+-free bathing solution containing …

Towards A Neo-Darwinian Synthesis Of Neoclassical And Behavioral Economics, Terence C. Burnham

ESI Publications

There is a schism within economics between the neoclassical and behavioral schools. A primary cause of the behavioral ascent is the experimental evidence of deviations between actual behavior and the neoclassical prediction of behavior. While behavioral scholars have documented these “anomalies,” they have made little progress explaining the origin of such behavior. This paper proposes a biological and evolutionary foundation for the anomalies of behavioral economics by separating proximate and ultimate causation. Such a foundation may allow for a re-uniting of economics; a neo-Darwinian synthesis of neoclassical and behavioral economics.

Transparency, Efficiency And The Distribution Of Economic Welfare In Pass-Through Investment Trust Games, Thomas A. Rietz, Roman M. Sheremeta, Timothy W. Shields, Vernon L. Smith

ESI Publications

We design an experiment to examine behavior and welfare in a multi-level trust game representing a pass through investment in an intermediated market. In a repeated game, an investor invests via an intermediary who lends to a borrower. A pre-experiment one-shot version of the game serves as a baseline and to type each subject. We alter the transparency of exchanges between non-adjacent parties. We find transparency of the exchanges between the investor and intermediary does not significantly affect welfare. However, transparency regarding exchanges between the intermediary and borrower promotes trust on the part of the investor, increasing welfare. Further, this …

How Universal Is The Big Five? Testing The Five-Factor Model Of Personality Variation Among Forager-Farmers In The Bolivian Amazon, Michael Gurven, Christopher Von Rueden, Maxim Massenkoff, Hillard Kaplan, Marino Lero Vie

ESI Publications

The five-factor model (FFM) of personality variation has been replicated across a range of human societies, suggesting the FFM is a human universal. However, most studies of the FFM have been restricted to literate, urban populations, which are uncharacteristic of the majority of human evolutionary history. We present the first test of the FFM in a largely illiterate, indigenous society. Tsimane forager–horticulturalist men and women of Bolivia (n = 632) completed a translation of the 44-item Big Five Inventory (Benet-Martínez & John, 1998), a widely used metric of the FFM. We failed to find robust support for the FFM, based …

Faith, Science And Religion, Vernon L. Smith

ESI Publications

No abstract provided.

Preemption As Inverse Negligence Per Se, Michael P. Moreland

Faculty Publications

No abstract provided.