Digital Commons Network^™

Homography Of Inventorship: Dabus And Valuing Inventors, Jordana Goodman

Faculty Scholarship

On July 28, 2021, the Device for the Autonomous Bootstrapping of Unified Sentience ("DAB US") became the first computer to be recognized as a patent inventor. Due to the advocacy of DAB US's inventor, Dr. Stephen Thaler, the world's definition of "inventor" has finally fractured - dividing patent regimes between recognition of machine inventorship and lack thereof This division has sparked many scholarly conversations about inventorship contribution, but none have discussed the implications of a homographic inventorship.

This Article addresses the implications of international homographic inventorship - where countries have different notions and rules concerning patent inventorship - and the …

Empathic Solidarity On The Frontline, Julie A. Dahlstrom

Faculty Scholarship

Jacqueline Bhabha's important article, The Imperative of Sustaining (Rather Than Destroying) Frontline Empathic Solidarity for Distress Migrants, highlights the pivotal role that "frontline communities" now play in international migration. Bhabha explores how frontline communities frequently lack the infrastructure, political will, and resources to respond adequately to "distress migrants." Yet, she unearths the potential of "empathic solidarity" to counteract bias and, more optimistically, provide a "welcoming and humanizing experience" to migrants. Indeed, in this hopeful, ambitious article, Bhabha posits that empathic solidarity can play a significant generative role for migrants' rights.

Interpretation, Remedy, And The Rule Of Law: Why Courts Should Have The Courage Of Their Convictions, Ronald A. Cass, Jack M. Beermann

Faculty Scholarship

The Supreme Court’s decision in United States v. Arthrex opens a window on a set of issues debated in different contexts for decades. These issues—how to interpret statutes and constitutional provisions, what sources to look to, whether so far as possible to adopt interpretations that avoid declaring actions of coordinate branches unconstitutional, and where such actions are deemed to have been unconstitutional whether to provide remedies that cabin the most significant implications of such a declaration—go to the heart of the judicial role and the division of responsibilities among the branches of government.

Our principal focus, however, is on the …

A Computationally Efficient Framework For Vector Representation Of Persistence Diagrams, Kit C. Chan, Umar Islambekov, Alexey Luchinsky, Rebecca Sanders

Mathematical and Statistical Science Faculty Research and Publications

In Topological Data Analysis, a common way of quantifying the shape of data is to use a persistence diagram (PD). PDs are multisets of points in R² computed using tools of algebraic topology. However, this multi-set structure limits the utility of PDs in applications. Therefore, in recent years efforts have been directed towards extracting informative and efficient summaries from PDs to broaden the scope of their use for machine learning tasks. We propose a computationally efficient framework to convert a PD into a vector in Rⁿ, called a vectorized persistence block (VPB). We show that our representation …

Optimizing Model Observer Performance In Learning-Based Ct Reconstruction, Gregory Ongie, Emil Y. Sidky, Ingrid S. Reiser, Xiaochuan Pan

Mathematical and Statistical Science Faculty Research and Publications

Deep neural networks used for reconstructing sparse-view CT data are typically trained by minimizing a pixel- wise mean-squared error or similar loss function over a set of training images. However, networks trained with such losses are prone to wipe out small, low-contrast features that are critical for screening and diagnosis. To remedy this issue, we introduce a novel training loss inspired by the model observer framework to enhance the detectability of weak signals in the reconstructions. We evaluate our approach on the reconstruction of synthetic sparse-view breast CT data, and demonstrate an improvement in signal detectability with the proposed loss.

Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika George

Faculty Scholarship

A growing body of literature has documented the ways in which algorithms and new technology are being deployed in ways that discriminate and violate human rights. The regulatory environment is still evolving, but not as rapidly as new technologies are being introduced by private corporations and implemented in public settings. Governments are using AI in immigration and asylum determinations and law enforcement, arenas where racism and xenophobia can often arise. In the aftermath of the racial justice uprisings following the murder of George Floyd, some technology firms pledged to reconsider providing surveillance technology to police without protections in place. This …

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine Gonzales Rose, Caitlin Glass, Neda Khoshkhoo

Faculty Scholarship

The murder of George Floyd raised greater awareness of the pervasiveness of racialized police violence in the United States. Advocates, activists, and concerned policymakers have drawn attention to legal barriers that prevent accountability for police who kill and abuse Black, Indigenous, and other people of color (“BIPOC”), such as qualified immunity. However, the true extent of the legal system’s protections regarding racialized police misconduct remains unrecognized. A key example of this is the favorable termination rule, which many jurisdictions have interpreted as imposing an “indications-of-innocence” standard. This standard, in numerous instances, serves as a procedural loophole that prevents civil rights …

Filing While Black: The Casual Racism Of The Tax Law, Steven Dean

Faculty Scholarship

The tax law's race-blind approach produces bad tax policy.' This Essay uses three very different examples to show how failing to openly and honestly address race generates bias, and how devastating the results can be.² Ignoring race does not solve problems; it creates them. ProPublica has shown, for example, that because of the perils of filing income taxes while Black, the five most heavily audited counties in the United States are Black and poor.

The racial bias long tolerated-and sometimes exploited-by tax scholars and policymakers affects all aspects of the tax law. In 1986, Sam Gilliam was denied tax …

Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore

Faculty Scholarship

In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?,¹ Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers;² and (2) who will regulate class action lawyers?³ I, too, focused on lawyers' conflicts of interest; however, Professors Green and Kent focus even more specifically on conflicts arising from class counsel's simultaneous representation of both the class and individual clients who are serving or will serve as class representatives. Their concern is with three particular scenarios in which the class …

Should Labor Abandon Its Capital? A Reply To Critics, David H. Webber

Faculty Scholarship

Several recent works have sharply criticized public pension funds and labor union funds (“labor’s capital”). These critiques come from both the left and right. Leftists criticize labor’s capital for undermining worker interests by funding financialization and the growth of Wall Street. Laissez-faire conservatives argue that pension underfunding threatens taxpayers. The left calls for pensions to be replaced by a larger social security system. The libertarian right calls for them to be smashed and scattered into individually-managed 401(k)s. I review this recent work, some of which is aimed at my book, The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon, …

Seila Law: Is There A There There?, Jack M. Beermann

Faculty Scholarship

In Seila Law LLC v. Consumer Financial Protection Bureau, the Supreme Court, in an opinion by Chief Justice John Roberts, invalidated the provision of the Dodd-Frank Act restricting the president's removal of the director of the Consumer Financial Protection Bureau (CFPB) to cases of "inefficiency, neglect of duty, or malfeasance in office." The Court's decision leaves the director subject to removal by the president for any reason or no reason at all.

This Essay on the Seila Law decision makes three points. First, because there is no legal or historical support for the Court's distinction between independent agencies headed …

Removal Of Context: Blackstone, Limited Monarchy, And The Limits Of Unitary Originalism, Jed Handelsman Shugerman

Faculty Scholarship

The Supreme Court's recent decisions that the President has an unconditional or indefeasible removal power rely on textual and historical assumptions and a "removal of context." This article focuses on the "executive power" part of the Vesting Clause and particularly the unitary theorists' misuse of Blackstone. Unitary executive theorists overlook the problems of relying on England's limited monarchy: the era's rise of Parliamentary supremacy over the Crown and its power to eliminate or regulate (i.e., make defeasible) royal prerogatives. Unitary theorists provide no evidence that executive removal was ever identified as a "royal prerogative" or a default royal power. The …

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's The Specter Of Dictatorship: Judicial Enabling Of Presidential Power (2021), Jed Handelsman Shugerman

Faculty Scholarship

In "The Specter of Dictatorship: Judicial Enabling of Presidential Power," David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland.
/="/">
/="/">This review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines …

Fast Cbt For Pediatric Ocd: A Multiple-Baseline Controlled Pilot Trial Of Parent Training In Exposure And Response Prevention Delivered, Lara J Farrell, Natalja A Nabinger De Diaz, Sharna Mathieu, Matthew L Mckenzie, Taka Miyamoto, Caroline L Donovan, Allison M Waters, Sonja March, Nicole Bothma, Rianca Kroon, Gabrielle Simcock, Robert S Ware, Robert R Selles, Eric A Storch, Thomas Ollendick

Center for Medical Ethics and Health Policy Staff Publications

Objective: The current study utilized a single case series, non-concurrent multiple baseline design to examine the efficacy of training parents via telehealth videoconferencing in exposure and response prevention (ERP) for home delivery of the treatment for their children and adolescents with obsessive compulsive disorder (OCD).

Method: There were nine participants aged 8 to 14 years who had received a primary diagnosis of OCD. The design involved a series of AB replications, whereby following pre-treatment assessments participants were randomly assigned to either a 2-week (n = 4) or 3-week (n = 5) baseline condition with weekly monitoring of their …

Who Benefits?: How The Aia Hurt Deceptively Non-Joined Inventors, Jordana N. Goodman

Faculty Scholarship

Congress enacted the America Invents Act (“AIA”) to bolster economic development, sustain American innovation, and protect American jobs. This pro-business legislation, however, overlooked one actor critical to any successful innovation endeavor: the inventor. The AIA created access barriers, preventing inventors from efficiently and effectively seeking the entire remedy spectrum to which they are entitled. Paul Morinville and others have opined that the new first-to-file system put small inventors out of business, naming the AIA the single worst disaster in the history of the U.S. patent system. Beyond the filing and subject matter changes, the AIA created fundamental access to justice …

Ms. Attribution: How Authorship Credit Contributes To The Gender Gap, Jordana Goodman

Faculty Scholarship

Misattribution plagues the practice of law in the United States. Seasoned practitioners and legislators alike will often claim full credit for joint work and, in some cases, for the entirety of a junior associate’s writing. The powerful over-credit themselves on legislation, opinions, and other legal works to the detriment of junior staff and associates. The ingrained and expected practice of leveraging junior attorneys as ghost-writers is, to many, unethical. But it presents a distinct concern that others have yet to interrogate: misattribution disparately impacts underrepresented members of the legal profession.

This Article fills that space by offering a quantitative analysis …

Delaware's Dominance, Wyoming's Dare: New Challenge, Same Outcome?, Pierluigi Matera

Faculty Scholarship

Despite increasing criticism, Delaware's dominance in corporate law has not experienced a significant decline: as of today, 67.8 percent of Fortune 500 companies are still incorporated in its jurisdiction. Nevada is known as Delaware's most important competitor, with an aggressive strategy that has overridden the efforts of any other jurisdiction. Yet, its success has been limited to a specific market segment: small firms with low institutional shareholding and high insider ownership.

Scholars suggest several explanations for both the rise and the staying power of Delaware. These explanations are essentially subsumed under the credible commitment theory and the network theory. According …

Systematic Review To Evaluate Algorithms For Reboa Use In Trauma And Identify A Consensus For Patient Selection., Amelia Walling Maiga, Rishi Kundi, Jonathan James Morrison, Chance Spalding, Juan Duchesne, John Hunt, Jonathan Nguyen, Elizabeth Benjamin, Ernest E Moore, Ryan Lawless, Andrew Beckett, Rachel Russo, Bradley M Dennis

Trauma and Acute Care Articles

BACKGROUND: Patient selection for resuscitative endovascular balloon occlusion of the aorta (REBOA) has evolved during the last decade. A recent multicenter collaboration to implement the newest generation REBOA balloon catheter identified variability in patient selection criteria. The aims of this systematic review were to compare recent REBOA patient selection guidelines and to identify current areas of consensus and variability.

METHODS: In accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, we conducted a systematic review of clinical practice guidelines for REBOA patient selection in trauma. Published algorithms from 2015 to 2022 and institutional guidelines from a seven-center …

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Faculty Scholarship

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein

Faculty Scholarship

Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a defendant with sufficient in-state contacts related to a plaintiff’s claim. This Article reveals, however, that courts diverge radically in their understanding of what a claim is. Without stating so outright, some courts limit the claim to a cause of action or its elements, while others understand it to encompass the controversy underlying the litigation. What is worse, few have noticed that these discrepancies even exist, much less explained why. This Article does just that. We show that …

Supporting The Intersections Of Life And Work: Retaining And Motivating Academic Librarians Throughout Their Careers, Lori Birrell, Marcy A. Strong

University Libraries Faculty Publications and Presentations

Objective – This study uses the Kaleidoscope Career Model (Mainiero & Sullivan 2006a) to determine key sources of motivation for library professionals during their careers and identifies strategies for how library administrators can better retain and inspire their staff.

Methods – The authors adapted the Kaleidoscope Career Model survey tool with permission from Mainiero and Sullivan. The authors used Qualtrics to send out the adapted survey and in October 2019 emailed a call for participation with the survey link to six library electronic mailing lists. A total of 433 participants completed the survey. The authors reviewed the demographic data and …

Meditating A New Pedagogical Approach In Early Childhood Education Post Covid-19 In The United Arab Emirates, Lawrence Meda, Laila Mohebi

All Works

Many learning institutions across the globe are currently operating under emergency-response mode because of the global pandemic of COVID-19 which has affected the education sector. COVID-19 has forced academics to meditate education for young children and project how it could be like when the pandemic is over. The purpose of this study is to explore meditated thoughts of internship students and faculty supervisors about the implementation of early childhood education programmes in the United Arab Emirates post COVID-19. The study was guided by the question: Would you recommend incorporating online teaching as part of early childhood program after COVID-19, and …

Intraoperative Post Partum Hemorrhage In A Patient With Dengue Fever, Usama Ahmed, Asiyah Aman

Department of Anaesthesia

A 33 year old obstetric patient with mild fever of undiagnosed etiology underwent emergency caesarean section under general anesthesia. She had platelet count of 98,000 per microliter and increased APTT of 37.8 s at the time of surgery. After uneventful anesthetic induction and delivery of fetus, slow and oozing type of bleeding led to massive hemorrhage. Patient remained vitally stable throughout perioperative phase and was extubated. Next day, patient's dengue IgM antibody was reported positive. Neonate was well and his dengue test was negative. Pregnant women are at high risk of developing severe complications of dengue fever with unclear mechanisms …

Pet Imaging Reveals Reduced Synaptic Density In People With Well-Controlled Hiv Infection, Julian Joseph Weiss

Yale Medicine Thesis Digital Library

Background: Synaptic injury is a pathological hallmark of neurological impairment in people living with HIV (PLWH), a common complication despite viral suppression with antiretroviral therapy (ART). However, there are no biomarkers sensitive to neurocognitive impairment in PLWH. Measurement of synaptic density in living humans may allow better understanding of HIV neuropathogenesis and provide a dynamic biomarker for therapeutic studies. We applied novel synaptic vesical protein 2A (SV2A) positron emission tomographic (PET) imaging to investigate synaptic density in the frontostriatalthalamic region in PLWH and HIV-uninfected (HIV-) participants.

Methods: In this cross-sectional pilot study,13 older male PLWH on ART underwent neurocognitive assessments, …

"How To Succeed": Determining And Comparing The Musical And Non-Musical Influences Behind The Broadway Adaptation Of How To Succeed In Business Without Really Trying, Gary Bogers

Electronic Theses and Dissertations, 2020-2023

The following research project is the result of comparing and contextualizing the original non-musical and musical drafts of the original 1961 Broadway production of How to Succeed in Business without Really Trying. The intention is to detail the process of musically adapting a non-musical source, specifically the 1952 satirical text How to Succeed in Business without Really Trying: The Dastard's Guide to Fame and Fortune by businessman-turned-satirist Shepherd Mead. Research was predominantly completed through analysis of the non-musical draft written by television writers Jack Weinstock and Willie Gilbert in the 1950s and acquired from the Billy Rose Theatre Division of …

Breaking The Mold: Haunted Attraction Mazes; A Study In Reducing Predictability & Increasing Intensity, Within Unconventional Halloween Attraction Experiences, Amy Avalos

Electronic Theses and Dissertations, 2020-2023

Every enchanted Fall season, a segment of the public flocks to a multitude of haunted Halloween attractions across the U.S., to experience fear as a form of amusement and entertainment. Psychologists continue to research the physiological and cognitive behaviors that are associated with fear and the "fight or flight" responses that are triggered when individuals are engaged in a heighten sense of danger. However, as guests traverse through these haunted attraction experiences, it's commonplace for guests to enter into these typical modes of "fight or flight" behaviors very quickly. Once this response kicks in, the guests' instinct is to scramble …

Choreographing Closeness: The Effects Of Intimacy Choreography Best Practices In Educational Theatre, Morgan Cobb

Electronic Theses and Dissertations, 2020-2023

Power dynamics between teacher/director and student/actors in an educational theatre setting are inevitable and directly impact the way consent is viewed and given, specifically with youth performers. In response to the #MeToo movement within theatre and film, the role of intimacy choreographer emerged with the goal of creating a consent-based rehearsal process that ensured the mental, emotional, and physical safety of the actor (Pace 25) while conveying the intimacy required to effectively support the script. The use of intimacy choreographers is almost exclusively used in professional film and theatre settings. Applying the pedagogies created and taught by leading intimacy organizations …

Nurse Managers' Patient Safety Communication, Christine Deatrick

Electronic Theses and Dissertations, 2020-2023

Medical errors are a continuing issue for healthcare organizations and can lead to patient harm or death. To bring about organizational learning and therefore reduce medical errors, information must successfully flow through an organization. Nurse managers play an essential role as the conduit of information between frontline staff and the organization. The primary purpose of this study is to describe the decision-making process of how nurse managers actively select and transmit information on patient safety concerns. A qualitative constructivist grounded theory approach was used. Nineteen unit-level nurse managers, working full-time in an acute care hospital with a minimum of one-year …

Two Essays On Investor Disagreement And Asset Prices, Sulei Han

Electronic Theses and Dissertations, 2020-2023

My dissertation studies the measurement of investor disagreement and the effects of investor disagreement on asset prices. In my first essay, I clarify the seemingly contradicting theoretical predictions of Miller (1977), and Varian (1985, 1989) and Abel (1989), and design empirical analysis to test the predictions in a unified framework. Miller models the effect of the level of disagreement on asset prices and predicts a negative relation between investor disagreement and subsequent asset returns. Varian and Abel present results on the effect of the change in disagreement on asset prices and the resulting positive relation between disagreement and subsequent asset …

For The Very First Time: A Process Of Rehearsal And Performance In The Beginnings Of Covid-19., Andrew Hansen

Electronic Theses and Dissertations, 2020-2023

Acting is a discipline that changes over time not only for the audience, but for the actors who create it. Not only is their craft shaped through study, practice, and repetition that we as individuals have towards the art form, but it is strongly influenced by our environment and personal histories. As actors, we have to bear in mind what we are presenting, when we are presenting it, and why. These choices are a collaborative effort made through the discussion of various artists including, actor, director, writer, etc. For my thesis, I would like to show you what my journey …