Digital Commons Network^™

The Debt Collection Pandemic, Pamela Foohey, Dalie Jimenez, Chris Odinet

Articles by Maurer Faculty

To curb the rapid spread of the coronavirus set to overwhelm the United States' healthcare system, in mid-March 2020, the federal government declared a national emergency. Many states followed suit by implementing shelter-at-home orders and people began social distancing across America. As of this writing, the United States' reaction to the unique and alarming threat of COVID 19 has partially succeeded in slowing the virus's spread. Saving people's lives, however, has come at a severe economic cost. Economic activity plummeted. Unemployment numbers soured to figures not seen since the Great Depression and countless other people saw their income disappear.

Americans' …

Examining The Anomalies, Explaining The Value: Should The Usa Freedom Act’S Metadata Program Be Extended?, Susan Landau, Asaf Lubin

Articles by Maurer Faculty

Edward Snowden’s disclosure of National Security Agency (“NSA”) bulk collection of communications metadata was a highly disturbing shock to the American public. The intelligence community was surprised by the response, as it had largely not anticipated a strong negative public reaction to this surveillance program. Controversy over the bulk metadata collection led to the 2015 passage of the USA FREEDOM Act. The law mandated that the intelligence community would collect the Call Detail Records (“CDR”) from telephone service providers in strictly limited ways, not in bulk, and only under order from the Foreign Intelligence Surveillance Court. The new program initially …

Works Of Eleanor D. Kinney, Susan David Demaine

Articles by Maurer Faculty

Eleanor D. Kinney was a prolific scholar throughout her thirty-five years as a professor at Indiana University Robert H. McKinney School of Law. She authored or co-authored more than seventy-five journal articles, publishing in numerous peer-reviewed medical and health journals, as well as law reviews. She wrote three books, edited a fourth, and published nine book chapters

Professor Kinney’s work has been cited in at least ten court opinions. Her work has garnered more than 700 citations in law review articles, and nearly 200 in medical and health policy journals. The influence of her work places her within the top …

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.

Do Blockchain Technologies Make Us Safer? Do Cryptocurrencies Necessarily Make Us Less Safe?, Sarah Jane Hughes

Articles by Maurer Faculty

This essay is based on a presentation made on January 24, 2020 at the invitation of the Texas Journal of International Law and the Strauss Center for National Security at the University of Texas. That presentation focused on the two questions mentioned in the title of this essay – Do Blockchain Technologies Make Us Safer? And Do Cryptocurrencies Necessarily Make Us Less Safe? The essay presents answers to the two questions: “yes” and “probably yes.” This essay begins with some level-setting on different types of blockchain technologies and of cryptocurrencies, and gives some background materials on global and national responses …

Consumer Bankruptcy Should Be Increasingly Irrelevant - Why Isn't It?, Pamela Foohey

Articles by Maurer Faculty

There are important reasons why consumer bankruptcy remains relevant, even if consumers’ and bankruptcy’s interests have diverged. Some of these reasons suggest that it is more relevant than ever. The remainder of this response overviews the place consumer bankruptcy presently occupies in the United States. In doing so, I detail why consumer bankruptcy remains relevant in the face of a socio-economic structure and of laws that suggest that bankruptcy may not be a particularly useful place for struggling Americans to turn to for help. The response ends by calling for a bolder vision for consumer bankruptcy in light of the …

Circumventing Standing To Appeal, Ryan W. Scott

Articles by Maurer Faculty

The requirement of standing to sue in federal court is familiar, but the related requirement of standing to appeal within the Article III judiciary is badly undertheorized. The Supreme Court’s opinions suggest (at least) four constitutional rationales. Standing to appeal might serve the same functional purposes as standing to sue, or it might follow from the fact that appeals involve two separate courts, or it might be triggered because the underlying case or controversy has become moot, or because it has reached the point of final judgment.

Compounding the confusion, the requirement of standing to appeal can have troubling consequences …

Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan

Articles by Maurer Faculty

Most scholars recognize both that the government needs information about taxpayers’ transactions to determine whether their reporting is honest, and that third third-party reporting helps the government obtain that information. Given governments’ reliance on tax collections, it would be risky to think that information or third third-party reporting is not needed by tax agencies. However, a recent article by Professor Wei Cui asserts that “modern governments can practice ‘taxation without information.’” Professor Cui’s argument rests on two claims: (1) “giving governments effective access to taxpayer information through third parties does not explain the success of modern tax administration” because, he …

Productive Mindset Interventions Mitigate Psychological Friction And Improve Well-Being For Bar Exam Takers, Victor D. Quintanilla, Sam Erman

Articles by Maurer Faculty

By participating in a brief productive mindset intervention, prospective lawyers improved their wellbeing and performance on the California Bar Exam. Those are the initial results of the research conducted by our interdisciplinary, multi-institutional research team with support from AccessLex Institute and in partnership with the State Bar of California. It did so by mitigating psychological friction and helping test takers reframe stressful experiences. This column discusses our findings and the implications for efforts to make evidence-based gains in bar exam performance, wellbeing, and attorney licensure systems.

Chiafalo: Constitutionalizing Historical Gloss In Law And Democratic Politics, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

We make one central point in this Article. Justice Kagan’s opinion in Chiafalo uses historical gloss to entrench a particular and modern view of political participation—which is best reflected by American political practices— by rejecting an alternative and anachronistic view—which is best reflected by the text and structure of the Constitution. Part I argues that Chiafalo is not a textualist opinion because Article II, Section 1 does not support the majority’s conclusion that states have the power to limit elector discretion. The majority’s reasoning to the contrary is not persuasive, even on its own terms. Part II argues that Chiafalo …

Driven To Bankruptcy, Pamela Foohey, Robert M. Lawless, Deborah Thorne

Articles by Maurer Faculty

Over the last ten years, 15.1 million people owning 16.4 million cars filed for bankruptcy. These cars provided access to work, education, medical care, childcare, food, and other life necessities. They were also major household investments, the most expensive asset most bankruptcy filers owned other than a house. Using original data from the Consumer Bankruptcy Project, we document what happens to car owners and their car loans when they enter bankruptcy. In brief, we find that people who file bankruptcy own automobiles at the same rate as the general population and that they overwhelmingly indicate they want to use bankruptcy …

Ferroelectric Domain Wall Memristor, James P. V. Mcconville, Haidong Lu, Bo Wang, Yueze Tan, Charlotte Cochard, Michele Conroy, Kalani Moore, Alan Harvey, Ursel Bangert, Long-Qing Chen, Alexei Gruverman, J. M. Gregg

Alexei Gruverman Publications

A domain wall-enabled memristor is created, in thin film lithium niobate capacitors, which shows up to twelve orders of magnitude variation in resistance. Such dramatic changes are caused by the injection of strongly inclined conducting ferroelectric domain walls, which provide conduits for current flow between electrodes. Varying the magnitude of the applied electric-field pulse, used to induce switching, alters the extent to which polarization reversal occurs; this systematically changes the density of the injected conducting domain walls in the ferroelectric layer and hence the resistivity of the capacitor structure as a whole. Hundreds of distinct conductance states can be produced, …

Ideology And Predictive Processing: Coordination, Bias, And Polarization In Socially Constrained Error Minimization, Nathan E. Wheeler, Suraiya Allidina, Elizabeth U. Long, Stephen P. Schneider, Ingrid J. Haas, William A. Cunningham

Department of Political Science: Faculty Publications

Recent models of cognition suggest that the brain may implement predictive processing, in which top-down expectations constrain incoming sensory data. In this perspective, expectations are updated (error minimization) only if sensory data sufficiently deviate from these expectations (prediction error). Although originally applied to perception, predictive processing is thought to generally characterize cognitive architecture, including the social cognitive processes involved in ideological thinking. Scaling up these simple computational principles to the social sphere outlines a path by which group members may adopt shared ideologies and beliefs to predict behavior and cooperate with each other. Because ideological judgments are of specific interest …

Diverse And Inclusive High Courts: A Global And Intersectional Perspective, Alice J. Kang, Miki Caul Kittilson, Valerie Hoekstra, Maria C. Escobar-Lemmon

Department of Political Science: Faculty Publications

Critical race feminists call attention to the ways in which multiple and overlapping forms of privilege and discrimination shape individual experiences and perspectives. In this article, we argue that judiciaries cannot be fully inclusive if their composition does not reflect a society’s intersecting sources of disadvantage. We consider intersectional inclusion on high courts from a compar-ative perspective. Most existing practices of representation on high courts promote the inclusion of groups as if they are internally homogenous. We explore the attempts at and successes of promoting intersectional inclusion in the context of the high courts of Canada and South Africa. Although …

Inventory Sharing And Demand-Side Underweighting, Hui Zhao, Liang Xu, Enno Siemsen

Department of Supply Chain Management and Analytics: Faculty Publications

Problem definition: Transshipment/inventory sharing has been used in practice because of its risk-pooling potential. However, human decision makers play a critical role in making inventory decisions in an inventory sharing system, which may affect its benefits. We investigate whether the opportunity to transship inventory influences decision makers’ inventory decisions and whether, as a result, the intended risk-pooling benefits materialize.

Academic/practical relevance: Previous research in transshipment, which is focused on finding optimal stocking and sharing decisions, assumes rational decision making without any systematic bias. As one of the first to study inventory sharing from a behavioral perspective, …

Host Relationships And Geographic Distribution Of Species Of Blanchard, 1848 (Onchoproteocephalidea, Onchobothriidae) In Elasmobranchs: A Metadata Analysis, Francisco Zaragoza-Tapia, Griselda Pulido-Flores, Scott L. Gardner, Scott Monks

Scott L. Gardner Publications

Species of Acanthobothrium have been documented as parasites of the spiral intestine of elasmobranchs. Results of a metadata analysis indicate that 114 species of elasmobranchs have been reported as hosts of 200 species of Acanthobothrium. The metadata analysis revealed that 3.7% of species of sharks and 14.9% of species of rays that have been reported as hosts to date; some species are parasitized by more than one species of Acanthobothrium. This work provides a Category designation, as proposed by Ghoshroy and Caira (2001), for each species of Acanthobothrium. These Category designations are a tool to facilitate comparisons …

Obituary: Sydney Anderson (1927–2018), Scott Lyell Gardner, Robert M. Timm, Nancy Olds, Hugh H. Genoways

Scott L. Gardner Publications

On August 12, 2018, the American Society of Mammalogists (ASM) lost one of its giants of the latter half of the 20th century when Sydney Anderson quietly passed away at his home in Birmingham, Alabama, at the age of 91. “Syd,” to his many friends and colleagues, was born on January 11, 1927 in Topeka, Kansas, to Robert Grant and Evelyn Fern (Hunt) Anderson.

Anderson began his professional career at the University of Kansas, where for four years (1955–1959) he served as Assistant Curator in charge of mammals in the Museum of Natural History, and Instructor in the Department of …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Accept Me, Accept Me Not: What Do Journal Acceptance Rates Really Mean?, Rachel Herbert

Copyright, Fair Use, Scholarly Communication, etc.

Journal acceptance rates should not be used as evaluative metrics for journals: we find no evidence that acceptance rates are a reliable signal of quality or impact. Journal acceptance rates are useful for submitting authors and ICSR recommends that they be made publicly available where possible. Gold open access journals do tend to have lower acceptance rates than other open access types, but these also tend to be younger journals: as these journals age, will those acceptance rates increase, or will the open access model influence the acceptance rate? ...

We identified the fact that low acceptance rates are demonstrated …

Revision Of New World Cosmorrhyncha Meyrick, 1913 (Lepidoptera: Tortricidae: Olethreutinae), With Descriptions Of Five New Species, John W. Brown, Jozef Razowski, Alicia E. Timm

Insecta Mundi

Although well studied in the Afrotropical Region, the genus Cosmorrhyncha Meyrick, 1913 (Lepidoptera: Tortricidae: Olethreutinae), has received little attention in the New World, where it apparently is restricted to the Neotropics from Guatemala south to Paraguay. Seven species are recognized, five of which are described as new: C. tonsana (Walker, 1863) (Type locality: Brazil); C. ocelliferana (Walker, 1863) (TL: Brazil); C. landryi Brown and Razowski, sp. n. (TL: French Guiana); C. parintina Brown and Razowski, sp. n. (TL: Brazil); C. macrospina Brown and Razowski, sp. n. (TL: Brazil); C. albistrigulana Brown and Razowski, sp. n. (TL: Costa Rica); and C. …

Primer Registro De Asiothrixus Antidesmae (Takahashi) (Hemiptera: Aleyrodidae) En La República Dominicana, José Francisco García Ochaeta

Insecta Mundi

Asiothrixus antidesmae (Takahashi) (Hemiptera: Aleyrodidae), una especie de mosca blanca asiática, fue encontrada sobre Ixora sp. en la República Dominicana, lo cual representa un nuevo registro en el país. Se presenta información básica sobre la especie, una diagnosis e ilustraciones para ayudar en su identificación.

Asiothrixus antidesmae (Takahashi) (Hemiptera: Aleyrodidae), an Asian whitefly species, was found on Ixora sp. in the Dominican Republic and represents the first record of this species in the country. Basic information on this whitefly species, including a diagnosis and illustrations to aid in its identification, are provided.

Nomenclatural Notes On Some Currently Known Species Of Eupogonius Leconte, 1852 (Coleoptera: Cerambycidae: Lamiinae) And Description Of Seven New Species, James E. Wappes, Antonio Santos-Silva

Insecta Mundi

The following new species of Eupogonius LeConte, 1852 (Coleoptera: Cerambycidae: Lamiinae) are described: E. tlanchinolensis Wappes and Santos-Silva (Mexico, Hidalgo); E. albofasciatus Wappes and Santos- Silva (Mexico, Puebla); E. sonorensis Wappes and Santos-Silva (Mexico, Sonora); E. guerrerensis Wappes and Santos-Silva (Mexico, Guerrero); E. boteroi Wappes and Santos-Silva (Mexico, Guerrero); E. nascimentoi Wappes and Santo-Silva (Mexico, Jalisco and Colima); and E. monzoni Wappes and Santos-Silva (Guatemala, Alta Verapaz). Additionally, a detailed description of the female of Eupogonius fulvovestitus Schaeffer, 1905 is provided for the first time, along with notes on the likely host of the species. New state records in Mexico …

New Records Of Woodboring Beetles (Coleoptera: Buprestidae) For The Eastern United States, Lawrence Barringer

Insecta Mundi

An abundance-based checklist of eastern Buprestidae (Coleoptera) was compiled from collection records from invasive insect surveys conducted during 2010–2018. Reported are 111 species in 17 genera based on 33,047 specimens examined from 10 states. Sixty-three new state records in nine states are reported. Collection date ranges by month for each state are provided.

Factors Associated With Larval Freshwater Drum Annual Peak Density In A Nebraska Irrigation Reservoir, Brett T. Miller, Brian C. Peterson, Keith D. Koupal, Casey W. Schoenebeck

The Prairie Naturalist

Freshwater drum (Aplodinotus grunniens) represent one of the most widely distributed fish species in North America. Identifying biotic and abiotic factors that influence larval freshwater drum densities can improve understanding of early life history. Our objective was to investigate correlations between annual peak density of larval freshwater drum and combinations of five variables (chlorophyll a, growing degree days [GDD], reservoir discharge, turbidity, and cladoceran density) from a longterm (2003–2017) monitoring program in a Nebraska irrigation reservoir. Twenty-eight a priori candidate models were assessed to determine the relative support of explanatory variables associated with annual peak density of larval freshwater drum …

Small Mammal Communities In Grasslands At The Grand Forks Air Force Base, North Dakota, Usa, Lynda R. Lafond, Elizabeth H. Rave, Kathryn A. Yurkonis

The Prairie Naturalist

Small mammals are important in grasslands but are often overlooked in management and reconstruction efforts. We sampled small mammals in three sites on the Grand Forks Air Force Base (GFAFB) located in central Grand Forks County, North Dakota, USA. The study sites varied in their management history and represented the three major types of grasslands (reconstructed prairie, old field, and hay field) within Grand Forks County. We captured 463 individuals of six species with Sherman live traps in summer (June, July, August) 2014 and 2015. We captured the most individuals and species (295 individuals of 5 species), including all shrews …

Patterns And Potential Causes Of Changing Winter Bird Distributions In South Dakota, David L. Swanson, Reza Goljani Amirkhiz, Mark D. Dixon

The Prairie Naturalist

Average winter temperatures in the north-central United States have been increasing since the 1970s, and this warming might influence winter distributions of birds in the region. Species potentially influenced by such winter warming include short-distance migrants for which the northern boundary of the winter range is influenced by temperature, such as hermit thrush (Catharus guttatus), yellow-rumped warbler (Setophaga coronata), and fox sparrow (Passerella iliaca). We examined winter records during 1974–2017 from a citizen-science bird observation database for South Dakota to determine recent trends in winter records for these three species. We compared their occurrence patterns with those for three benchmark …

Teaching Critical University Studies: A First-Year Seminar To Cultivate Intentional Learners, Elizabeth Bleicher

Honors in Practice Online Archive

The first-year seminar Why Are We Here? Student Culture and the Problem of College (WAWH) helps high-achieving students become motivated agents in their education by changing attitudes toward themselves, college, and their roles as students. The author presents the intentional design, execution, analysis, and results of the WAWH seminar, a curriculum that combines content and methods from the discipline of Critical University Studies, layered high-impact practices, studentcurated and student-led discussions, and explicit instruction on metacognition in teaching and learning. The decennial study (2008–2018) involves eighteen sections and over 300 students, all with similar written assignments, reflections, and final course evaluations. …

Mental Health Matters: College Student Mental Health In The Twenty-First Century, Gary H. Bischof, Alexander J. Hamilton, Adrian J. Hernandez

Honors in Practice Online Archive

Authors present the content, delivery, and benefits of a one-semester honors college lecture series on college student mental health.

Music In The Holocaust As An Honors Colloquium, Galit Gertsenzon

Honors in Practice Online Archive

Forbidden Sounds: The Music of the Holocaust considers the historical events of the Holocaust in the context of music. The honors course explores diverse roles that music played during the years 1933–1945, including the Nazi use of music as a means for censorship and discrimination; music performance and creation in various Jewish ghettos and concentration camps in Europe; and ways that composers, performers, and audiences used music for emotional and physical survival and for spiritual resistance during World War II and after. The author provides a rich and varied curriculum, culminating with student performances and a series of public concerts, …