Digital Commons Network^™

Is The First Amendment Obsolete?, Tim Wu

Faculty Scholarship

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government.

Today, in the internet and social media age, it is no longer speech that is scarce – rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on …

Autonomy For Contract, Refined, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

In The Choice Theory of Contracts, we advance a claim about the centrality of autonomy to contract. This Issue offers thoughtful and penetrating critiques. Here, we reply. Autonomy is the grounding principle of contract. In Choice Theory, we stressed the (1) proactive facilitation component of autonomy, in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: (2) regard for future selves and (3) relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for …

Big Data: Destroyer Of Informed Consent, A. Michael Froomkin

Articles

The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …

Our Regionalism, Jessica Bulman-Pozen

Faculty Scholarship

This article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal forms regions assume in the United States — through interstate cooperation, organization of federal administrative agencies, and hybrid state-federal efforts — it explores how regions have shaped American governance across the twentieth and early twenty-first centuries.

In the years leading up to the New Deal, commentators invoked regions to resist centralization, arguing that state coordination could forestall expansion of the federal government. But regions were soon deployed to a different end, as the federal government relied on regional administration to …

The Myth Of Free, John M. Newman

Articles

Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry stakeholders created an origin story-a myth-to explain how these products became "Free."

But that orthodox origin story is fatally flawed. This Article formalizes, then debunks, the Myth of Free and its underlying assumptions. The Myth is riddled with internal inconsistencies, logical errors, and factual. inaccuracies. In their place, …

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Gueveremont, Tamar Ezer, Joseph J. Fins

Articles

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …

Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil

Articles

The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. This experience contains lessons on the potential of strategic litigation to advance public health more generally. Beyond impacting laws and policies, strategic litigation can change practice, breathing life into existing legal rules never implemented. While cases may target a particular law, policy, or practice, indirect impacts beyond a particular court decision on future cases, other branches of government, and the public record may be just as important. Each case is only one step towards change, and a judgment can …

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks

Articles

No abstract provided.

From Ordinary To Extraordinary: A Framework Of Experience Types, Mat D. Duerden, Neil R. Lundberg, Peter Ward, Stacy T. Taniguchi, Brian Hill, Mark A. Widmer, Ramon Zabriskie

Faculty Publications

Understanding the nature of, and how to design, structured experiences has become an increasingly salient topic for academics and professionals over the past two decades. Despite the rise in interest in experiences, the related academic literature is fragmented and often atheoretical. To address this situation, this article presents a framework of experiences—including construct definitions and propositions— to help guide the research and design experiences. The framework considers the realm of all possible experiences from subconscious to conscious and subdivides conscious experiences into ordinary and extraordinary dimensions. The framework further classifies extraordinary experiences as memorable, meaningful, and transformational. The distinction between …

Understanding The Unique Nature Of The Adolescent Study Abroad Experience, Mat D. Duerden, Eric Layland, Michael Petriello, Amanda Stronza, Mary Dunn, Shelby Adams

Faculty Publications

Despite rising numbers of adolescents traveling abroad each year, the majority of study abroad research focuses on emerging adults. This study represents an effort to expand our understanding of the study abroad experience from the adolescent perspective. Qualitative data were drawn from interviews and focus groups with, and observations of, participants in the program. Results indicate preparing for and then sharing the experience with like-minded peers, coupled with exposure to a new culture and direct interaction with locals, facilitated a process of reflection and growth with both perceived short-term and potential long-term impacts.

Creating A Realistic Experimental Scenario For Hci-Based Deception Detection Research With Ground Truth And Un- Sanctioned Malicious Acts, Michael D. Byrd, Jeffrey L. Jenkins, Joseph S. Valacich, Parker A. Williams

Faculty Publications

This research-in-progress note reports on the design and execution of a study in HCI-based deception detection. The objective of the study is to examine the impact of knowledge of tracking and countermeasures on the neuromotor changes detected when subjects commit a malfeasant act. To examine this, an experimental context and design was required that would afford the subjects an opportunity to commit an un-sanctioned malicious act while tracking ground truth in an unobtrusive manner. The experimental design, study execution, and preliminary results are presented.

The Influence Of Buying Vs. Receiving An It-Based Device On User Commitment, Xiaofei Zhang, Joseph S. Valacich, Jeffrey L. Jenkins, Xitong Guo

Faculty Publications

IT-based mobile devices (i.e., smart devices), especially those with health monitoring features, are popular gifts. However, little is known about a recipient’s commitment to using the smart device when it is obtained as a gift. To explore the influence of giftgiving on user perceptions and usage, three studies are reported. These studies build on the IT use literature, the gift-giving literature, and social exchange theory to investigate whether and how gift-giving leads to device commitment. Specifically, we found two contextual factor – receiving the smart device as a gift (versus buying for yourself) and providing emotional support when giving the …

Gui-Based Vs. Text-Based Assignments In Cs1, Robert Ball, Linda Duhadway, Spencer Hilton, Brian Rague

Faculty Publications

Teaching CS1 can be daunting. The first courses in the CS curriculum help determine which students will ultimately matriculate into the program. There have been various studies on how to improve motivation and reduce attrition by using visual-based environments and assignments. We performed a year-long study in which we addressed two research questions: 1) How is student performance affected by drag-and-drop GUI assignments when compared to traditional text-based assignments? 2) If given the choice, would students select GUIbased or text-based assignments? For the first question, there was no statistical significance, indicating that student performance is not affected by this visual …

Cycles Of Memory And Circular Compassion In A Germanic Passion Diptych, Elliott Wise

Faculty Publications

A little-known Germanic Passion diptych from the late fifteenth century—comprised of the Atlanta Christ Carrying the Cross and the Chicago Crucifixion—was recently reunited, foregrounding a complex interchange of compassionate co-suffering between the two panels. The figures of Christ and the Virgin turn and twist their eyes and faces, balancing their attention between different points of empathetic contemplation within and without the frames. As they engage with the beholder and with one another, they encourage meditation on the Holy Face of Jesus by manipulating mental images in a repetitive cycle of foresight, hindsight, and exegetical reflection.

Improving Student Behavior In Art Classrooms: An Exploratory Study Of Cw-Fit Tier 1, Mark Graham, Melanie A. Nelson, Paul Caldarella, Blake D. Hansen, Leslie Williams, Howard P. Wills

Faculty Publications

Disruptive student behavior, a common concern for teachers, presents particular challenges for those who teach art. Class-Wide Function-Related Intervention Teams (CW-FIT) is a multitiered intervention for implementing effective classroom management strategies aligned with schoolwide positive behavior interventions and supports. CW-FIT has proven effective in general education classrooms, with its emphasis on social skills instruction, teacher praise, group contingency, and positive reinforcement. This first study of CW-FIT implementation in elementary art classrooms examined its effects on student on-task behavior. The researchers used a single-subject (AB) design in one classroom and reversal designs (ABAB) in two classrooms. Results indicated student on-task behavior …

Aaa Research Relevance Task Force: Recommendations, David A. Wood

Faculty Publications

No abstract provided.

The Value To Management Of Using The Internal Audit Function As A Management Training Ground, Joseph V. Carcello, Marc Eulerich, Adi Masli, David A. Wood

Faculty Publications

This study examines how using the internal audit function as a management training ground (MTG) impacts manager’s reliance on internal auditor recommendations. While prior research suggests that using internal audit as a MTG can adversely affect financial reporting quality, external audit fees, and internal audit efficiency, many internal audit functions use this practice. We study how this practice influences another important stakeholder—senior management. Based on survey results of 355 chief audit executives (CAEs), we find that CAEs perceive senior management to be more likely to use recommendations from MTG internal auditors than non- MTG internal auditors. To bolster the validity …

Team Video Gaming For Team-Building: Effects On Team Performance, Mark Jeffrey Keith, Greg Anderson, James Eric Gaskin, Douglas L. Dean

Faculty Publications

Teams rapidly form and dissolve in organizations to solve specific problems that require diverse skills and experience. For example, in the information systems context, cross-functional and project-based teams that comprise a mix of personnel who temporarily work away from their usual functional groups (best perform agile software development (Barlow et al., 2011; Keith, Demirkan, & Goul, 2013). These newly formed work teams need to become productive as quickly as possible. Team video gaming (TVG) has emerged as a potential team-building activity. When new teammates play a collaborative video game, they engage in cooperative and challenging goals while they enjoy the …

Successful System Use: It’S Not Just Who You Are, But What You Do, James Eric Gaskin, Stephen Godfrey, Alex Vance

Faculty Publications

Information and communication technologies are so embedded in contemporary society that we have arrived at the point at which learning to use technology successfully may affect our day-to-day lives as much as learning to eat or exercising properly. However, we lack research that explains and predicts successful system use (i.e., system use that adds value to the user). We theorize that adaptive behaviors (e.g., trying new features, repurposing features) mediate the relationship between user characteristics and successful system use. To better understand successful system use, we used an online survey to study how undergraduate students enrolled in an information systems …

What Is A Christian Teacher To Do With Louise Rosenblatt’S Transactional Theory Of Reading?, Andrew P. Huddleston, Dawan Coombs, Katlin Sehres, Ashley Miller

Faculty Publications

In this theoretical analysis, the authors explore the question, What is a Christian teacher educator to do with Louise Rosenblatt’s transactional theory of reading? They begin by outlining the primary components of Rosenblatt’s transactional theory, focusing on reading as a transaction and the efferent and aesthetic stances. Next, they discuss who they are as teacher educators and former students, how their faith backgrounds intersect with Rosenblatt’s work, and the approach they took to address areas of tension that they and other Christian educators have experienced with Rosenblatt’s theory. Finally, they conclude by discussing implications of Rosenblatt’s work for reading scripture, …

An Expanded View Of Translanguaging: Leveraging The Dynamic Interactions Between A Young Multilingual Writer And Machine Translation Software, Sara Vogel, Laura Ascenzi-Moreno, Ofelia García

Publications and Research

Two central forces re-shaping education in the 21st century in the United States are the increasingly diverse and rich multilingual practices of students, as well as our growing use of digital technologies to communicate and make meaning (Deumert, 2014; García, Bartlett & Kleifgen, 2007; Jewitt, 2008; New London Group, 1996). Even if much scholarship has focused on the trends of multilingualism and multimodalities as separate entities, there are many intersections. Digital tools like machine translation software are being used in schools by multilingual students, and their often-monolingual teachers. Frameworks for multilingual teaching and learning involving intentional use of machine translation …

Translingual Practices And Neoliberal Policies: Attitudes And Strategies Of African Skilled Migrants In Anglophone Workplaces, Sara Vogel

Publications and Research

At what point do scholarship and pedagogy in sociolinguistics and language education become complicit in neoliberalism? What can researchers learn from their multilingual informants about how to resist neoliberalism? Those are central questions readers ponder as they dive into Suresh Canagarajah's logically organized and well-argued volume, Translingual Practices and Neoliberal Policies: Attitudes and Strategies of African Skilled Migrants in Anglophone Workplaces. A book that uses empirical data to support theory construction, it is written for scholars who have followed recent debates in the sociolinguistics and language education fields.

Proceedings Of The Cuny Games Conference 4.0: The Interactive Course, Robert O. Duncan, Joe Bisz, Julie Cassidy, Kathleen Offenholley, Maura A. Smale, Carolyn Stallard, Deborah Sturm, Anders A. Wallace, Cuny Games Network

Publications and Research

Proceedings of the CUNY Games Conference, held from January 22-23, 2018, at the CUNY Graduate Center and Borough of Manhattan Community College.

Critical Play with History (Panel) - Composition & Storytelling - Health & Cognitive Sciences - Gaming Anthropology: Teaching Culture and Power Through Games and Design (Panel) - Twine & Writing Games - Easy Ideas II - STEM Games - Global Games for Change Catalog (Panel) - Comics & Active Learning - Fact Checking & Research - Computer Science & Game Design - SimGlobal: Building a Serious Roleplay Course for the Social Sciences (Panel) - Role Playing Games, Narrative, …

Burnout Syndrome And Depression, Renzo Bianchi, Irvin Sam Schonfeld, Eric Laurent

Publications and Research

In this chapter, we proposed an overview of burnout, from the introduction of the construct in the mid-1970s to the growing realization that the syndrome was better conceived of as a depressive condition. Recent studies have shown that the distinction between burnout and depression is problematic, both theoretically and empirically. The history of burnout research suggests that transdisciplinary communication and methodological standards should be strengthened to avoid the proliferation of constructs that, in fact, refer to the same phenomena. Construct proliferation, a transgression of the scientific canon of parsimony, is considered a major problem today because it undermines theory building …

The Politics Of Twilights: Notes On The Semiotics Of Horizon Photography, Michael W. Raphael

Publications and Research

Visual sociology is crucial for exploring the indexical meanings that thick description cannot capture within a cultural setting. This paper explores how such meanings are created within a subset of the domain of photography. Using data gathered over several years, I constructed the semiotic code ‘horizon’ photographers use when ‘in the field’ for photographing periods of twilight. This code explains the relevance of subject matter to the photograph’s aesthetics. Specifically, I detail how ‘the horizon’ communicates the potential for the photographer to ‘capture’ the index of a symbol that later permits the photographer to culturally mark scenes with ‘light’. In …

Joint Religiosity And Married Couples’ Sexual Satisfaction, Jeffrey P. Dew, Jeremy E. Uecker, Brian J. Willoughby

Faculty Publications

Although many studies have examined the association between religion and sexuality, the majority of these studies have focused on non marital sex. Unfortunately, despite the fact that a satisfying sexual relationship plays a critical role in married couples' relationship quality and stability, the associations between religiosity and marital sexual satisfaction are not well understood. Thus, to examine the association between religiosity and couples' reports of married sexual satisfaction, the authors of this study used dyadic data from a nationally representative sample of married couples (N = 1,368) between the ages of 18 and 45. They used both joint and …

The Impact Of An Interprofessional Geriatric Training Experience: Attitudes Of Future Healthcare Providers, Lisa J. Knecht-Sabres, Minetta Wallingford, Michelle M. Lee, James F. Gunn, Esperanza M. Anaya, Sarah E. Getch, Nathaniel D. Krumdick, Gloria M. Workman

Faculty and Staff Publications

As the older adult population increases, it is vital to educate and train healthcare providers as members of interprofessional healthcare teams who can work effectively with these individuals. Ageism is a potential obstacle to achieving this goal. The purpose of this pre/post-test design pilot study was to determine the impact of an interprofessional geriatric training experience on the attitudes of future healthcare providers towards interprofessionalism and working with older adults. Sixteen graduate level students from occupational therapy and clinical psychology programs completed four interprofessional sessions with older adults residing in a long-term care facility. Quantitative data were gathered from pre/post-test …

Privacy As Trust: Information Privacy For An Information Age (2018), Ari Ezra Waldman

Books

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for …

Many Paths Toward Discovery: A Module For Teaching How Science Works, Rebecca M. Price, Kathryn E. Perez

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Improving students' understanding of how science works requires explicit instruction. Here, we test the efficacy of a module based on two previously published activities (the "Cube Puzzle" and the case study "Asteroids and Dinosaurs") that teach how science works to college science majors. Students also use the How Science Works Flowchart from Understanding Science (http://undsci.berkeley. edu/) to reflect on these activities. To assess the efficacy of this module, we asked students to illustrate the process of science before and after the intervention. After the intervention, students' diagrams were significantly more complex and nonlinear. Students also incorporated more social aspects of …

Vegetation Demographics In Earth System Models: A Review Of Progress And Priorities, Rosie A. Fisher, Charles D. Koven, William R. L. Anderegg, Bradley O. Christoffersen, Michael C. Dietze, Caroline E. Farrior, Jennifer A. Holm, George C. Hurtt, Ryan G. Knox, Peter J. Lawrence

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Numerous current efforts seek to improve the representation of ecosystem ecology and vegetation demographic processes within Earth System Models (ESMs). These developments are widely viewed as an important step in developing greater realism in predictions of future ecosystem states and fluxes. Increased realism, however, leads to increased model complexity, with new features raising a suite of ecological questions that require empirical constraints. Here, we review the developments that permit the representation of plant demographics in ESMs, and identify issues raised by these developments that highlight important gaps in ecological understanding. These issues inevitably translate into uncertainty in model projections but …