Digital Commons Network^™

A Scientific Approach To Tech Accountability, David Choffnes, Woodrow Hartzog, Scott Jordan, Athina Markopoulou, Zubair Shafiq

Faculty Scholarship

The Federal Trade Commission can only do so much to hold tech companies accountable. Enforcement agencies and the people they protect need help. One problem is that the inner workings of large organizations and complex algorithmically driven systems remain obscure and opaque while their privacy representations are voluminous and vague. In this Essay, we propose a scientific approach to tech accountability, where academic researchers can play a larger role in privacy policy. This approach involves surfacing a company’s privacy representations and statements, as well as measuring the actual behavior of their systems with respect to algorithms, user interfaces, and data …

Family Needs, Family Leave In 2023, Katharine B. Silbaugh

Faculty Scholarship

Instituting support for women and children is a difficult task to imagine in a world that is removing reproductive freedom and healthcare. In this hypothetical, do we treat the removal of abortion care as a force majeure, natural disaster, or an earthquake? If so, after the earthquake, the community bands together and works tirelessly to compensate for what has happened. But the removal of abortion care was not a natural disaster-it was planned, and it is embedded in background conditions that are pushing further away from support for women and children.

The primary task of this Article is to respond …

Saving Climate Disclosure, Scott Hirst

Faculty Scholarship

Designing a regulatory response to climate change is one of the defining challenges of our era. In an attempt to address it, the Securities and Exchange Commission (SEC) has recently proposed a historic rule requiring climate-related disclosure by companies, resting squarely on the rationale of "investor demand." The proposed climate disclosure rule has met with an unprecedented response, some of it reflective of investor demand, but also including a broad array of opponents critical of the rule, who cast doubt on the rule's validity. A judicial challenge is all but inevitable.

This Article explains that the best way for the …

Prosecution And Polarization, Steven Arrigg Koh

Faculty Scholarship

Domestically and internationally, two prominent contemporary discourses arise in law and society. First, we live in a time of tremendous uncertainty about the nature and function of criminal justice. In the United States, we chronicle mass incarceration, while the international community weighs war crimes prosecutions in Ukraine. Second, we live in a time of polarization, both at home and abroad. Cultural and political division is elevated domestically, while the international community debates fragmentation in a multipolar world.

This symposium contribution to the Fordham Urban Law Journal’s “Future of Prosecution” symposium asks: what does it mean to prosecute in a time …

A Concrete Proposal For Data Loyalty, Neil Richards, Woodrow Hartzog, Jordan Francis

Faculty Scholarship

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

Scaling-Up Child And Youth Mental Health Services: Assessing Coverage Of A County-Wide Prevention And Early Intervention Initiative During One Fiscal Year, Cole Hooley, Deborah Salvo, Derek S Brown, Lauren Brookman-Frazee, Anna S Lau, Ross C Brownson, Patrick J Fowler, Debbie Innes-Gomberg, Enola K Proctor

2020-Current year OA Pubs

PURPOSE: In the U.S., the percentage of youth in need of evidence-based mental health practices (EBPs) who receive them (i.e., coverage rate) is low. We know little about what influences coverage rates. In 2010, the Los Angeles County Department of Mental Health (LACDMH) launched a reimbursement-driven implementation of multiple EBPs in youth mental health care. This study examines two questions: (1) What was the coverage rate of EBPs delivered three years following initial implementation? (2) What factors are associated with the coverage rates?

METHODS: To assess coverage rates of publicly insured youth, we used LACDMH administrative claims data from July …

Pitfalls Of Progressive Prosecution, Carissa Byrne Hessick

Faculty Publications

This Essay examines the political vulnerabilities facing the progressive prosecution movement, arguing that two core features of its public brand—emphasizing a fundamental break from traditional prosecution and pledging to “do less” by shrinking the criminal justice footprint—have inadvertently exposed reform‑oriented prosecutors to intensified backlash. Drawing on recent examples, the Essay shows how framing progressive prosecution as radically different obscures the long-standing prosecutorial tools these offices still rely on, enabling critics to portray routine exercises of discretion as unprecedented or dangerous. It further explains how decarceral commitments make progressive prosecutors easy targets when crime or disorder rises, both because voters may …

The Real Problem With Plea Bargaining, Carissa Byrne Hessick

Faculty Publications

This Response critiques Jeffrey Bellin’s argument that plea‑bargaining reform should focus solely on problems uniquely caused by plea bargaining and instead contends that the practice has fundamentally reshaped American criminal justice in ways that extend far beyond Bellin’s narrow framework. The Response argues that plea bargaining exacerbates systemic issues—including harsh sentencing, coercive leverage, and inaccurate convictions—by insulating legislative excess, weakening trial incentives, and pressuring even innocent defendants to plead guilty. It further maintains that Bellin understates how plea bargaining distorts legislative behavior, affects statutory design, and suppresses political pressure for reform. Most importantly, the Response identifies plea bargaining’s central harm …

The (Local) Prosecutor, Carissa Byrne Hessick, Rick Su

Faculty Publications

The rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges. Resolving those challenges may prove difficult because local prosecutors straddle three distinct axes within state governments: the horizontal divide between its branches, the vertical divide between the state government and its local subdivisions, and the constitutional divide between constitutional and statutory offices. This Essay exposes the significant state variation in the legal …

Automated Agencies, Joshua D. Blank, Leigh Osofsky

Faculty Publications

This article presents the first comprehensive study of how federal agencies use automated legal guidance tools—such as chatbots, virtual assistants, and decision-tree systems—to explain complex law to the public. The authors show that while automation offers administrative efficiency and wider reach, it often simplifies or distorts underlying legal rules. Through detailed analysis of agency tools and ten semi-structured interviews with officials, the article demonstrates that automated systems can portray unsettled or complex law as clear, omit exceptions, and answer too narrowly, thereby influencing user behavior in ways agencies neither fully appreciate nor monitor.

The study further finds that agencies lack …

Psychedelic Capitalism And The Perceptual Threshold, Dustin Marlan

Faculty Publications

This invited response to Mason Marks et al., Microdosing Psychedelics Under Local, State, and Federal Law examines how evolving psychedelic regulation may ultimately favor below‑perceptual‑threshold approaches—such as microdosing and nonsubjective psychoplastogens—over the traditional, above‑threshold psychedelic experience.

Because such developments risk marginalizing the culturally, spiritually, and cognitively significant psychedelic experience, the author contends that access to above‑threshold psychedelic states requires justification beyond clinical utility. Invoking principles of cognitive liberty, neurodiversity, and equitable access, the article recommends that decriminalization and supported adult‑use models accompany therapeutic frameworks to preserve the legal viability of non‑ordinary states of consciousness, even if below‑threshold medicines come to …

Multibillion-Dollar Tax Questions, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Tax compliance in the United States historically hovers in the 80 percent range, costing the nation approximately half a trillion dollars annually in uncollected tax revenue. To foster greater tax compliance, the Internal Revenue Service (IRS) should employ whatever tools are at its disposal. Standard deterrence theory argues that increasing the audit rate and imposing stiffer penalties would foster greater tax compliance. There are political headwinds, however, that strongly suggest that these approaches are not currently viable. Instead, there is a low-cost method that could yield greater tax compliance. Drawing on recent and compelling social science research, the IRS should …

Physicians Spreading Medical Misinformation: The Uneasy Case For Regulation, Richard S. Saver

Faculty Publications

Physicians have played a surprisingly prominent role in the current “infodemic” of false and misleading medical claims. Yet, state medical boards, the governmental agencies responsible for professional licensure and oversight, have sanctioned remarkably few physicians. Pushing back against the widespread criticism of medical boards for insufficient action, this Article questions the overall suitability of licensure regulation to police medical misinformation. First, uncertainty exists about medical boards’ jurisdiction and legal authority. Many misinformation claims have involved physicians communicating publicly, not while treating patients. Given the primarily patient-centered legal and ethical frameworks governing the practice of medicine, serious challenges arise in making …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Faculty Publications

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Fake News And The Tax Law, Kathleen Delaney Thomas, Erin Scharff

Faculty Publications

The public misunderstands many aspects of the tax system. For example, people frequently misunderstand how marginal tax rates work, misperceive their own average tax rates, and believe they benefit from tax deductions for which they are ineligible. Such confusion is understandable given the complexity of our tax laws. Unfortunately, research suggests these misconceptions shape voter preferences about tax policy which, in turn, impact the policies themselves.

That people are easily confused by taxes is nothing new. With the rise of social media platforms, however, the speed at which misinformation campaigns can now move to shape public opinion is far faster. …

Mcconnell’S Gamble, Peter Nemerovski

Faculty Publications

Part I of the Article discusses the recent history of Supreme Court nominations, beginning with President Ronald Reagan’s unsuccessful nomination of Judge Robert Bork in 1987. It attempts to explain how the Senate, in just a few decades, went from confirming three justices unanimously to confirming four consecutive justices with fewer than 55 votes, amidst increasing partisan rancor. Part II summarizes the new rules of the game in light of the actions taken by both parties, and their justifications for those actions, in the years since Scalia’s death. Part III explores what the future of Supreme Court nominations will look …

Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman

Faculty Publications

This essay considers gender violence as a consequence of systemic problems rooted in patriarchal structures, transacted through poverty and inequality, and embedded in a historically conditioned political economy. It is informed by the scholarship that propounds the need to develop community responses independent of the carceral system as a means to address the systemic source factors that contribute to Intimate Partner Violence (“IPV”), with attention to restorative and transformative justice approaches (RJ/TJ). This essay advances anti-violence scholarship to suggest the need to reconceptualize gender discrimination, poverty, and inequality as cause and consequence of social ills, and, moreover, to contribute to …

Felony Financial Disenfranchisement, Neel U. Sukhatme, Alexander Billy, Gaurav Bagwe

Vanderbilt Law Review

Individuals with prior felony convictions often must complete all terms of their sentence before they regain voter eligibility. Many jurisdictions include legal-financial obligations (“LFOs”)-—fines, fees, and/or restitution stemming from convictions-—in the terms of the sentence. Twenty-eight states, governing over 182 million Americans, either directly or indirectly tie LFO repayment to voting privileges, a practice we call felony financial disenfranchisement.

Proponents of felony financial disenfranchisement posit that returning citizens must satisfy the financial obligations stemming from convictions to restore themselves as community equals. Moralism aside, others claim low rates of electoral participation among those with felony convictions imply such disenfranchisement is …

Automated Loan Approval System For Banks, Abdulrahman Saeed Almheiri

Theses

Machine learning and deep learning have revolutionized industries. Businesses have seen a boost in revenue through the use of these techniques, including the multibillion-dollar loan and credit industry. This study aims to develop a machine learning model to approve or disapprove loan applications based on customer characteristics, using algorithms such as statistical models, tree- based models, boosting models, and voting/stacking models. An exploratory analysis was conducted to understand customer characteristics, and the decision tree model proved to have the best performance with high precision in loan approval prediction.

Metal-Ligand Interactions In A Redox Active Ligand System. Electrochemistry And Spectroscopy Of [M(Dipyvd)2]N+ (M=Zn, Ni, N=0, 1, 2), Connor Fleming, Son Vu, David J.R. Brook, Stefano Agrestini, Eric Pellegrin, Jeffrey Daros

Faculty Research, Scholarly, and Creative Activity

Reaction of nickel and zinc triflates with the tridentate leucoverdazyl 1-isopropyl-3,5-di (2′-pyridyl)-6-oxo-2H-tetrazine (dipyvdH) and triethylamine resulted in the neutral coordination compounds M(dipyvd)2 (M = Ni,Zn). In acetonitrile, both compounds undergo two one electron oxidation processes, Zn (dipyvd)2 at −0.28 V and −0.12 V and Ni(dipyvd)2 at −0.32 V and −0.15 V vs ferrocene/ferricenium. Oxidations are ligand based resulting in an intermediate mixed valence species and a cationic bis(verdazyl) compound respectively. Oxidation of the ligand changes a localized, antiaromatic, non-planar 8π electron anion to a planar, delocalized 7π electron radical. The change in ligand structure results in an increase in the …

Labor Mobility And The Problems Of Modern Policing, Jonathan S. Masur, Aurélie Ouss, John Rappaport

Coase-Sandor Institute for Law & Economics Research Paper Series

We document and discuss the implications of a striking feature of modern American policing: the stasis of police labor forces. Using an original employment dataset assembled through public records requests, we show that, after the first few years on a job, officers rarely change employers, and intermediate officer ranks are filled almost exclusively through promotion rather than lateral hiring. Policing is like a sports league, if you removed trades and free agency and left only the draft in place.

We identify both nonlegal and legal causes of this phenomenon—ranging from geographic monopolies to statutory and collectively bargained rules about pensions, …

Moral Foundations And Student Perceptions Of Academic Dishonesty: A Mixed Methods Study, Carla Spires Hargus

Theses and Dissertations--Curriculum and Instruction

This mixed methods study explored students’ hypothetical choices of behavior in a series of ten academic vignettes. In addition, it examined student judgments of academic behaviors as acceptable or dishonest. Finally, it compared scores on the Moral Foundations Questionnaire-2 to the importance of factors that might influence student behavioral choices in real world scenarios and explored the differences in perceptions among demographic groups.

Twenty-five undergraduate students participated in the study. In a semi-structured interview, each student discussed ten academic vignettes: predicting their own hypothetical behavioral choice, judging target behaviors as honest or dishonest, and identifying factors that would most influence …

Broken Down: A Mixed Methods Inquiry Examining The Mechanics Of The Segmenting Principle Using Flipped Math Instruction For Automotive Technicians, John David Baumgarten

Theses and Dissertations--Curriculum and Instruction

Mayer’s Segmenting Principle requires an instructional designer to both break the instruction into small functional pieces and pause instruction between each of these pieces until a student signals readiness to move on. Over decades of research, investigators have consistently demonstrated that segmented multimedia content achieves better learning assessment outcomes than continuous content across various academic disciplines, ages, and ability levels. While current segmenting research has shown impressive results in tightly controlled experimental scenarios, there is far less research on its application in the real world. To date, the vast majority of segmenting principle studies only assess short-term knowledge using an …

Understanding First-Year Undergraduate Students Safety, Savviness, And Social Etiquette Online, Collis Ray Robinson

Theses and Dissertations--Educational Leadership Studies

Student’s engagement and interaction online continue to grow as technological advancements increase. The ability to engage and connect is endless today compared to two decades ago. This mixed methods action research study examines the digital citizenship knowledge of first-year students at a private liberal arts work college. The study focuses on student’s understanding of digital citizenship through the lens of safety, savviness, and social engagement online. Additionally, the study seeks to explore students, staff, and faculty perceptions around more education about digital citizenship at the undergraduate level. This study discusses the problem of practice, methodological framework, and study plan in …

Addressing A Cohort Discrepancy Among Ninth-Grade Students At A Rural/Suburban High School, Bryley Keaton Murphy

Theses and Dissertations--Educational Leadership Studies

Ninth grade is a critical period where some children experience academic and social growth, while others struggle to navigate their new context, leading to reduced outcomes at school and worsened physical/mental health (Benner & Graham, 2007; Rice, 2001). This mixed-methods action research (MMAR) study addressed how professional practice changes could better support students during this foundational period. Quantitative data was collected from school databases to compare the rate of student success and identify demographic discrepancies, while qualitative data was used to identify possible causes. These data were then integrated to create insightful meta-inferences into the problem of practice. From these …

Investigating The Relationship Between Empowerment And Secondary Science Teachers’ Technology Integration Knowledge, Jane Elizabeth Walsh

Theses and Dissertations--Educational Leadership Studies

Empowered teachers believe they can improve their work conditions and positively impact student outcomes. Likewise, teachers with technology integration knowledge can effectively use technology to enhance lessons and improve student learning. This quantitative correlational study investigated teachers’ empowerment, teachers’ technology integration knowledge, and associations between empowerment and technology integration knowledge. Two hundred fourteen randomly selected high school science teachers from across the United States responded to a survey intended to measure empowerment and technology integration knowledge. The teachers' average responses indicate that teachers generally agree with statements surrounding empowerment (M = 3.93, SD = 0.54) and technology integration knowledge …

Embracing Rural First-Generation College Student Scholar Identity: Wading Waist Deep In Unfamiliar Waters, Robert Hayes

Theses and Dissertations--Educational Policy Studies and Evaluation

First-generation college students do not persist to degree completion at the same rate as their continuing generation peers. There is a wide range of research focusing on the challenges and opportunities that first-generation college students experience, ranging from pre-matriculation factors, the transition period to college, and throughout the undergraduate years. The achievement gap, in terms of persistence to degree, has been a consistent focus of research as first-generation students routinely do not earn college degrees at the same rate as their continuing generation peers. This research takes a holistic approach to understanding the first-generation college student experience that does not …

Physical Activity Preference And Participation In Middle School Age Students In Kentucky, Fabian Correia

Theses and Dissertations--Kinesiology and Health Promotion

Physical activity (PA) in youth is significant as it begins to lay the fountain for a healthier lifestyle as children age. The benefits of being regularly physically active are plentiful as it improves muscle strength, cardiovascular, fitness, and cognitive functions (Rodgers, 2008). However, oftentimes in physical education classes, the voice of the student tends to go unheard. The purpose of this study was to determine how the perception or preference to be physically active differs by age, gender, and/or ethnicity in a middle school setting. The goal of this study is to shed ligt on how building a more inclusive …

Examination Of Physiological And Perceptual Responses During Sustained, Isometric, Fatiguing, Handgrip Exercise Anchored To Ratings Of Perceived Exertion, Minyoung Kwak

Theses and Dissertations--Kinesiology and Health Promotion

The purposes of this study were to: 1) Examine the patterns of force responses relative to critical force (CF) during submaximal, fatiguing, isometric handgrip exercise anchored to different rating of perceived exertion (RPE) levels (RPE=3, 5, and 7); 2) assess the loss of force during the task and the level of performance fatigability after each RPE hold; 3) examine the time course of changes and patterns of neuromuscular [electromyography (EMG) amplitude (AMP), mean power frequency (MPF), mechanomyography (MMG) AMP and MPF, and neuromuscular efficiency (NME) (i.e. force/EMG AMP)] and muscle oxygen saturation (% SmO₂) responses during each RPE …

Effect Of Sleep Restriction On Quadriceps’ Strength And Voluntary Activation, Scott Sigrist

Theses and Dissertations--Kinesiology and Health Promotion

Background: As little as three nights of sleep restriction reduces muscle strength. More than one-third of Americans are chronically sleep restricted (< 7.0 hours/night) and are at risk of muscle weakness (dynapenia). Presently, the mechanistic cause of sleep restriction-induced dynapenia (SRID) has not been elucidated. Rapid changes in muscle strength are typically driven by short-term changes in muscle contractility or voluntary recruitment. The purpose of this study was to investigate how sleep restriction affects muscle contractile function and voluntary recruitment. Methods: A sample of 12 subjects (age 24.8 ± 2.6y) underwent isometric and isokinetic knee extensor muscle testing following 3d of adequate sleep (SA; 8.05 ± 0.45h), 3 d of sleep restriction (SR; 5.02 ± 0.05h), and 7d of washout (WO, 8.27 ± 0.50). The morning (7-11a local time) following the last day of each sleep period, subjects performed muscle strength testing using an isokinetic dynamometer. Subjects sat upright with the dominant leg secured at 60⁰ of knee flexion to optimize maximal quadriceps torque. They then performed 3 maximal voluntary isometric contractions (MVICs) of the quadriceps. Then subjects performed 6 submaximal contractions at 15, 30, 45, 60, 75, and 90% of the greatest MVIC. Next, subjects completed an interpolated twitch experiment while on the isokinetic dynamometer to assess voluntary activation. Finally, subjects completed 5 repetitions of isometric contractions, in descending order, at speeds of 300, 240, 180, 120, and 60 degree/s. From these methods we measured the highest MVIC, calculated the voluntary activation (VA), measured twitch properties, and compared the torque-EMG relationship. One-way repeated measures ANOVA were used to compare sleep, MVIC, and VA values, two-way (time x twitch property) repeated measures ANOVA was used to compare twitch properties and the torque-EMG relationship. Results: MVIC torque decreased following SR compared to SA before and after sleep restriction (SA: 217.1 ± 69.4 Nm vs. SR: 199.4 ± 67.1 Nm, p = 0.032). MVIC after WO (219.2 ± 54.2 Nm) was significantly greater than SR (p = 0.018) but was not significantly different from SA (p = 0.991). Although peak isokinetic torque decreased with increasing velocity (p < 0.001), there was no significant effect of sleep or sleep x speed interaction. Peak twitch torque and rate of torque
development, but not relaxation rate, were significantly greater in the potentiated state, but no significant effect of sleep or sleep x time interaction was noted. Sleep 3 condition did not significantly affect voluntary activation (SA: 86.3 ± 11.1% v. SR:86.6 ± 11.9% v. WO 87.7 ± 11.1%; p = 0.695). The torque output at various levels ofelectromyography (EMG) activity was not significantly different among sleep conditions (p = 0.383). The mean power frequency (MPF) of the VL was …