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Front Matter

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Algorithmic Destruction, Tiffany C. Li

SMU Law Review

Contemporary privacy law does not go far enough to protect our privacy interests, particularly where artificial intelligence and machine learning are concerned. While many have written on problems of algorithmic bias and data deletion, this Article introduces the novel concept of the “algorithmic shadow” and explains the new privacy remedy of “algorithmic destruction,” also known as algorithmic disgorgement or machine unlearning. The algorithmic shadow describes the persistent imprint of training data that has been fed into a machine learning model and used to refine that machine learning system. This shadow persists even if data is deleted from the initial training …

The Unexpected Consequences Of Automation In Policing, Elizabeth E. Joh

SMU Law Review

This Article has two aims. First, it explains how automated decision-making can produce unexpected results. This is a problem long understood in the field of industrial organization, but identifying its effects in policing is no easy task. The police are a notoriously difficult institution to study. They are insular, dislike outsiders, and especially dislike critical outsiders. Fortunately, we have the benefit of a decade’s worth of experimentation in police use of automated decision-making and the resulting political backlash against some of these uses. As a result, some large urban police departments have undergone external investigations to see whether tools like …

Ai, Equity, And The Ip Gap, Daryl Lim

SMU Law Review

Artificial intelligence (AI) has helped determine vaccine recipients, prioritize emergency room admissions, and ascertain individual hires, sometimes doing so inequitably. As we emerge from the Pandemic, technological progress and efficiency demands continue to press all areas of the law, including intellectual property (IP) law, toward incorporating more AI into legal practice. This may be good when AI promotes economic and social justice in the IP system. However, AI may amplify inequity as biased developers create biased algorithms with biased inputs or rely on biased proxies. This Article argues that policymakers need to take a thoughtful and concerted approach to graft …

Front Matter

SMU Law Review

No abstract provided.

Toward A Socially Just Peace In The War On Drugs?: The Illinois Cannabis Social-Equity Program, Andre Douglas Pond Cummings, Steven A. Ramirez

Law Faculty Scholarship

Laudably, when Illinois legalized the recreational use of cannabis, it also sought to repair the damage wrought by the War on Drugs (WOD)through its social-equity initiatives. That harm included excessive and disproportionate incarceration in communities of color, over-policing within those communities, and all of the social and economic harms implicit in those realities. This harm necessarily creates intergenerational harm, as parents and children lose necessary pillars of support. Moreover, compelling evidence suggests that the progenitors of the WOD in-tended this harm. Measured against this historic social injustice, the social equity efforts in Illinois fail to secure a material unwinding of …

Roadmap For Anti-Racism: First Unwind The War On Drugs Now, André Douglas Pond Cummings, Steven A. Ramirez

Law Faculty Scholarship

The War on Drugs (WOD) transmogrified into a war on communities of color early in its history, and its impact has devastated communities of color first and foremost. People of color disproportionately suffer incarceration in the WOD even though people of color use illegal narcotics at substantially lower rates than white Americans. As a result, the WOD led to mass incarceration of people of color at many times the rate of white Americans. Indeed, as a stark illustration of the power of race in America, even after Illinois and Colorado legalized cannabis, over-policing in communities of color resulted in a …

The Farcical Samaritan's Dilemma, Andre Douglas Pond Cummings

Law Faculty Scholarship

“[T]he hypothesis is that modern man has become incapable of making the choices that are required to prevent his exploitation by predators of his own species[.]”

This article explores one of the foundational pillar theories of Law and Economics and specifically Public Choice Theory as espoused by Nobel Laureate James M. Buchanan: the “Samaritan’s Dilemma.” Using the Biblical parable of the Good Samaritan, Buchanan imagines a “dilemma” faced by the Good Samaritan when encountering a beaten and bloodied man left to die on the road to Jericho. Using Game Theory, Buchanan constructs a moral quandary that the man from Samaria …

Providers’ Perceptions Of Chiropractic Care In Treatment Of Opioid Addiction, Rebekah Jan Khan

Walden Dissertations and Doctoral Studies

Fifteen hundred people in the United States die each week from opioid-related overdoses. In addition, the U.S. court system has been inundated with individuals facing legal proceedings, with opioid addiction, impacted competency, and recidivism. There has been a call for alternatives to address the crisis. The purpose of this qualitative study was to explore the perceptions of (addiction) providers regarding chiropractic treatment in the management of opioid addiction. The health belief theory was used to guide the study. Interview data were collected from six participants via Zoom or phone. Thematic analysis resulted in four emergent themes: lack of knowledge of …

Exploring Perceptions Of Staff Preparedness For Emergency Response In Transitional Houses In Texas, Patrick Onuoha

Walden Dissertations and Doctoral Studies

AbstractDisaster preparedness for emergency response within transitional houses is a problem that often fails to receive attention, a situation that can lead to injuries or death during disaster events. One of the factors responsible for this lapse is the contractual nature of most of the transitional houses, with inherent inadequacies in types and quality of services. Although research in this area is relatively scarce, a synthesis of literature reviewed suggested greater focus on disaster management in other areas and almost nothing with regards to transitional houses. The purpose of this qualitative study was to better understand staff emergency preparedness in …

Full Issue

Journal of Mathematics and Science: Collaborative Explorations

No abstract provided.

A Tale Of Four Departments: Interdisciplinary Faculty Learning Communities Informing Mathematics Education, Bryan D. Poole, Caroline Maher-Boulis, John Hearn, Jason Robinson, Patricia Mcclung, Amanda Jones

Journal of Mathematics and Science: Collaborative Explorations

As a result of the Curriculum Foundations Project and the SUMMIT-P consortium, faculty from four different departments at Lee University created a Faculty Learning Community (FLC) with the goal of improving students’ attitudes toward undergraduate mathematics courses, including students’ perception of the utility of mathematics in their lives and the feelings of anxiety that they experience in these courses. The interdisciplinary collaborations resulted in introducing novel activities and manipulatives in various mathematics courses (Introduction to Statistics, Concepts of Mathematics I and II, and Algebra for Calculus). This paper first describes the efforts of creating the inter-departmental FLC. Second, it discusses …

An Empirical Investigation Of The Evidence Recovery Process In Digital Forensics, Kevin Parviz

CCAC Theses and Dissertations

The widespread use of the digital media in committing crimes, and the steady increase of their storage capacity has created backlogs at digital forensic labs. The problem is exacerbated especially in high profile crimes. In many such cases the judicial proceedings mandate full analysis of the digital media, when doing so is rarely accomplished or practical. Prior studies have proposed different phases for forensic analysis, to lessen the backlog issues. However, these phases are not distinctly differentiated, and some proposed solutions may not be practical. This study utilized several past police forensic analyses. Each case was chosen for having five …

Inconceivability, Horror, And The Mercy Seat, Thomas Simmons

Faculty Publications

In an ordinary home in Huron, South Dakota-sometime in the very early morning hours of Sunday, April 5, 1987-a young girl was murdered in her crib. By March of the next year, her mother, Debra Jenner, had been convicted of second-degree murder. She was sentenced to life in prison. Although she became eligible for parole in 2003 after Governor Janklow commuted her sentence, her applications for discretionary parole were consistently denied. She remained incarcerated until last year, when she was finally granted parole. This essay embarks on a retelling of Debra Jenner's trial, her subsequent post-conviction proceedings, and her numerous …

Book Review: A Civility-Based Model For New Lawyers: Understanding Your Moral Compass, Interpersonal Skills, And Ethical Inventory Before Practicing Law, Sarah Kammer

Faculty Publications

No abstract provided.

Hb 1013: Georgia Mental Health Parity Act, Justin Crozier, Betsy Hicks, Jordan Kalteux

Georgia State University Law Review

The Act overhauls Georgia’s mental health system by enforcing compliance with federal mental health parity law. Most notably, the Act requires health insurers to provide coverage for mental health and substance use disorders equitably with physical health and defines generally accepted standards of care. The Act requires insurers to submit annual parity compliance reports and requires the Commissioner to make annual data calls and submit annual reports. The Act requires compliance with a minimum 85% medical loss ratio. The Act provides for cancelable loans to Georgia residents enrolled in related educational programs and creates grant programs for accountability courts. The …

Hb 1084: Protect Students First Act, Rebecca Rhym, Dori Butler

Georgia State University Law Review

The Act prohibits local school systems, charter schools, and their employees from teaching or advocating for divisive concepts as defined in the Act. Training programs for teacher certification by the Professional Standards Commission may not advocate for such divisive concepts. The Act also implements a complaint resolution policy for aggrieved parent(s), students, or school employees that allows them to appeal decisions to the State Board of Education, which can ultimately require local school systems to adopt a corrective action plan upon a finding of a violation of the Act. Local school systems that fail to adopt the corrective action plan …

Sb 441: Criminal Records Responsibility Act, Jacob Kanter, Greg Mercer

Georgia State University Law Review

The Act contains two distinct components. First, the Act reforms Georgia’s criminal records reporting system. Second, the Act grants the Georgia Bureau of Investigation authority to initiate investigations into election fraud.

Reflections On Teaching Constitutional Law In The Midst Of A Constitutional Crisis, Sean Kammer

Faculty Publications

No abstract provided.

Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child, Nancy Dowd

UF Law Faculty Publications

The latest book from the United Nations Convention on the Rights of the Child Implementation Project focuses on Article 5 of the convention, which provides: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Smart Meters As A Catalyst For Privacy Law, Matthew Tokson

Utah Law Faculty Scholarship

Smart utility meters raise several puzzling legal questions—and answering them can help point the way toward the future of Fourth Amendment and civil privacy law. This forum essay addresses two such issues: use restrictions on collected data, and voluntary data disclosure.

First, more than any other current technology, smart meters compel the development of use restrictions on collected data. The benefits of smart meters are potentially enormous, such that categorically prohibiting public utilities from collecting smart meter data is likely beyond the pale. Yet allowing law enforcement agents to obtain detailed or intimate data about the home without a warrant …

How Do You Value A Victim? Victim Impact Statements In Military Sexual Assault Trials, Chris Cox

Scholarly Works

This Article examines a timely and important issue — the use of Victim Impact Statements (VIS) in criminal trials and, more specifically, in military courts-martial. The right for victims of offenses to provide VIS has existed in the United States for approximately three decades. However, the military’s implementation of similar rights for victims has languished, with the advent of the right for a victim to provide a VIS having been implemented only within the last decade. Relying on legal precedent in the form of appellate case decisions and qualitative assessments of trial court records, this article explores the current state …

The Racial And Partisan Underpinnings Of Attitudes Toward Police In A Time Of Protest, Andrew Thompson

Legacy Theses & Dissertations (2009 - 2024)

Racial and ethnic differences in policing attitudes have generally been examined through the group position or other conflict perspectives. This perspective contains a limitation, especially when considering recent trends in racial and policing attitudes. Racial attitudes have been liberalizing for over a decade among White political liberals and moderates, while Republicans’ racial attitudes have been relatively stagnant. These divergent trends may have accelerated since the murder of George Floyd. While racial attitudes (including attitudes about the police) have been polarizing along political lines, the group position model suggests that racial attitudes and policy preferences among dominant group members, regardless of …

Constructing And Constraining Mobility At The New University, Rachel Sullivan

Legacy Theses & Dissertations (2009 - 2024)

The goal of this dissertation is to uncover the black box that currently envelops the student experience at New & Mobility-Granting Universities, which are defined by their ability to enroll and graduate students from traditionally underrepresented racial/ethnic and socioeconomic backgrounds at a higher-than-average rate. More specifically, I use data from 65 student interviews at State U, which is a mid-sized public university, in order to show how opportunity is granted to some students through their common points of interaction with the institution—in the classroom, with advisors, within high-impact programs, and in the workplace. At the same time, I show that …

A Mixed Methods Exploration Of Fairness Issues In Algorithmic Policing Systems, Emmanuel Sebastian Udoh

Legacy Theses & Dissertations (2009 - 2024)

Algorithmic governance (AG) systems aim to utilize machine learning (ML) in the form of mathematical modelling and predictive analytics to achieve greater efficiency and accuracy, effect equal treatment and eliminate bias. In its application to policing, algorithmic policing (AP) or predictive policing applies tree-based risk training algorithms on criminal complaint data to predict where and when the next crime is likely to occur, and who the likeliest perpetrators and victims are. Thus, AP preemptively determines where, how, and when to deploy police resources. However, as more and more cities adopt AP, there are fears that AP may be reinforcing age-long …

Does Mattering Matter? : An Analysis Of Mattering And Persistence Rates Of Eop And Non-Eop Students, Glenn David Pichardo

Legacy Theses & Dissertations (2009 - 2024)

The multitude of benefits of college student retention for individuals, higher education institutions as well as our society has caused many researchers, administrators and policy makers to examine the causes of college student attrition as well as interventions that can potentially increase the success of students in post-secondary education. This study expands upon previous research on college student retention by utilizing Nancy Schlossberg’s theory of mattering and marginality as a lens to understand the retention of college students (Schlossberg, 1989). Based on Rosenburg and McCullough’s (1981) seminal work on mattering, Schlossberg (1989) developed a theory of mattering and marginality. Mattering, …

Dynamic Instance-Wise Decision-Making For Machine Learning, Yasitha Warahena Liyanage

Legacy Theses & Dissertations (2009 - 2024)

In a typical supervised machine learning setting, the predictions on all test instances are based on a common subset of features discovered during model training. However, using a different subset of features that are most informative for each test instance individually may improve not only the quality of prediction but also the overall interpretability of the model. To this end, in this dissertation, we study the problem of optimizing the trade-off between instance-level sparsity and the quality of prediction using a dynamic instance-wise decision-making approach. Specifically, this approach sequentially reviews features one at a time for each data instance given …

Why Title Ix Is At A Crossroads, Rexford Sheild

Marquette Sports Law Review

No abstract provided.

Restoring Title Ix’S Constitutional Integrity, Elizabeth Kaufer Busch, William E. Thro

Marquette Sports Law Review

No abstract provided.