Digital Commons Network^™

Black Teachers, Black Students, And Cultural Brokering: Leveraging Positionality To Strengthen Academic Identity, Shakasha L. Stevenson

Theses and Dissertations

This study utilized a phenomenological photovoice approach to understand the lived experiences of veteran Black high school teachers. Black teachers are positioned to serve as cultural brokers to support the academic identity of Black students. The prevalence of symbolic violence in the Eurocentric curriculum and other curricular practices continues to hinder successful outcomes for Black students. The study leverages the experiences of Black teachers to understand how their positionalities influence their decision-making and pedagogical practices.

The literature review explored research on the social and political implications of Black education, Black identity development, cultural brokering, and academic identity. More specifically, the …

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

Revisioning Algorithms As A Black Feminist Project, Ngozi Okidegbe

Faculty Scholarship

We live in an age of predictive algorithms.¹ Jurisdictions across the country are utilizing algorithms to make or influence life-altering decisions in a host of governmental decision-making processes—criminal justice, education, and social assistance to name a few.² One justification given for this algorithmic turn concerns redressing historical and current inequalities within governmental decision-making.³ The hope is that the predictions produced by these predictive systems can correct this problem by providing decision-makers with the information needed to make fairer, more accurate, and consistent decisions.⁴ For instance, jurisdictions claim that their turn to risk assessment algorithms in bail, …

A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey

Faculty Scholarship

The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …

Constitutional Liberalism Through Thick And Thin: Reflections On Frank Michelman’S Constitutional Essentials, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

In his new book, Constitutional Essentials, Frank Michelman provides a splendid elaboration and defense of “the constitutional theory of political liberalism” implicit in John Rawls’s classic work, Political Liberalism. In this essay, we make some observations about what a difference 30 years makes, comparing the political and constitutional climate in which Rawls wrote and published Political Liberalism in 1993 with the climate in which Frank wrote and published this exegesis of it. We focus on (1) changes in our circumstances of pluralism, including the accentuation of polarization and unreasonable views, and (2) the simultaneous breakdown of trust in the Supreme …

Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed

Faculty Scholarship

Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the first version of the Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States. The first Executive Order, however, did not say the word Muslim. Instead, it listed only Muslim-majority countries as necessary for restrictions on entry. The Executive Order also trafficked in stereotypes about Muslims, such as the need to ban people who engage in acts of "bigotry or hatred," including honor killings. …

Becoming Steve Bright, Robert L. Tsai

Faculty Scholarship

This is a "Director's Cut" version of material that appears in condensed form in Robert L. Tsai, "Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All" (Norton 2024). This essay to be published in Kentucky Law Journal was originally Chapter One. Drawing on archival documents and interviews, this essay delves into Stephen Bright's childhood growing up in Kentucky first in segregated Danville and later in Lexington once he emerges as a social activist and student body president. Special attention is paid to the Vietnam era protests that engulfed the University of Kentucky in the wake of the Kent …

A Reasonable And Well-Reasoned Teaching Tool In Unreasonable Times, Jasmine Gonzales Rose

Faculty Scholarship

Devon Carbado’s most recent book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, is a must-read for anyone studying or concerned with criminal procedure or policing. Unlike some of Professor Carbado’s other work, the brilliance of this book is not necessarily new conceptualizations or theorizations—for which he is well known—but rather centers on accessible pedagogy. If you have studied race and policing, you are not likely to find a new case, study, or reference to scholarship in the book. But, you are going to understand anti-Black racism, policing, the Fourth Amendment, and their intersections better than you did …

Confusion, Chaos, And Conflict In U.S. Law And Health Care After Dobbs, Nicole Huberfeld

Faculty Scholarship

The U.S. Supreme Court’s Dobbs decision caused a proliferation of contradictory state laws and judicial decisions that are producing confusion for health care providers, which in turn limits access to care for all patients of reproductive age. This paper documents the rapidly changing legal landscape to investigate and contextualize the significance of these inter‑state conflicts and illustrate how inequities deepen when health care is left in the hands of state governments without national law to provide guardrails. Drawing on interdisciplinary scholarship, including legal, medical, and public health research, this essay considers how traditional federalism theory, which encourages sub‑government variation, does …

The Thrusts And Parries Of Policy Arguments, Scott Hirst

Faculty Scholarship

Anyone who has ever put forward a policy proposal has heard the response, “if it ain’t broke, don’t fix it.” But despite the ubiquity of this attack on policy proposals, there has been little sustained inquiry into how the attack works and how it can be defended. The goal of this Article is to identify policy attacks like this, and to show their underlying logical structure, and how they function to attack policy proposals. The Article demonstrates this approach by considering three generic attacks on policy proposals, which I refer to as ain’t broke attacks, partial framing attacks, and dollar …

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.¹ Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.² The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …

Joint Interpretation Of Ert And Self-Potential Data To Characterize The Subsurface Geology And Hydrodynamics Along The Sutherland Supply Canal And Paxton Siphon Inlet, Paxton, Nebraska., M. K. Aboushanab, D. R. Hallum, R. M. Joeckel

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Nebraska Statewide Groundwater-Level Monitoring Report 2023, Aaron R. Young, Mark E. Burbach, Sue Olafsen Lackey, Robert Matthew Joeckel, Nawaraj Shrestha, Jeffrey Westrop

Conservation and Survey Division: Faculty and Staff Publications

This report is a synthesis of groundwater-level monitoring programs in Nebraska. It is a continuation of the series of annual reports and maps produced by the Conservation and Survey Division (CSD) of the University of Nebraska in cooperation with the U.S. Geological Survey (USGS) since the 1950s. Groundwater-level monitoring began in Nebraska in 1930 to survey the state’s groundwater resources and observe changes in its availability on a regular basis. The CSD and USGS cooperatively developed, maintained, and operated an observation-well network throughout the state. These two agencies were responsible for collecting and archiving this information, and for making it …

Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro

Faculty Scholarship

Several legal scholars have discussed the role of slavery within their own family histories and a growing number of scholars are exploring the successes and strategies of lawyers and Black litigants in freedom suits and other litigation in the United States antebellum South. I build on these literatures with a focus on procedure. In this Article, I analyze procedures involved in a few of my ancestral and personal experiences. Some of the experiences with process involved litigation to be free from slavery while other experiences did not explicitly involve any law. But they all involved process.

Engaging in this practice—marshaling …

Zircon Luminescence Dating Re-Visited, C. Schmidt, T. Halter, P.R. Hanson, A. Ulianov, B. Putlitz, G. E. King, S. Kreutzer

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Age Dating Young Groundwater: How To Determine Groundwater Age From Environmental Tracer Data, D. K. Solomon, T. E. Gilmore

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Human Rights In Hospitals: An End To Routine Shackling, Neil Singh Bedi, Nisha Mathur, Judy D. Wang, Avital Rech, Nancy Gaden, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Medical students (NSB, NM, JDW) spearheaded revision of the policy and clinical practice for shackling incarcerated patients at Boston Medical Center (BMC), the largest safety net hospital in New England. In American hospitals, routine shackling of incarcerated patients with metal restraints is widespread—except for perinatal patients—regardless of consciousness, mobility, illness severity, or age. The modified policy includes individualized assessments and allows incarcerated patients to be unshackled if they meet defined criteria. The students also formed the Stop Shackling Patients Coalition (SSP Coalition) of clinicians, public health practitioners, human rights advocates, and community members determined to humanize the inpatient treatment of …

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Gigi Walker, Brian Flaherty

Faculty Scholarship

The past few decades have seen a welcomed focus on “Trauma-informed education.” This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma.¹ While the original study focused on outcomes such as chronic health problems, incarceration, and employment challenges, later researchers focused on the negative impacts on education and learning as a result of trauma.² Educators continue to work with this research trying to figure out how to be more “trauma-informed,” and to better reach those students whose lives and learning capacity have been affected …

Strategyproof Mechanisms For Group-Fair Obnoxious Facility Location Problems, Jiaqian Li, Minming Li, Hau Chan

School of Computing: Faculty Publications

We study the group-fair obnoxious facility location problems from the mechanism design perspective where agents belong to different groups and have private location preferences on the undesirable locations of the facility. Our main goal is to design strategyproof mechanisms that elicit the true location preferences from the agents and determine a facility location that approximately optimizes several group-fair objectives. We first consider the maximum total and average group cost (group-fair) objectives. For these objectives, we propose deterministic mechanisms that achieve 3-approximation ratios and provide matching lower bounds. We then provide the characterization of 2-candidate strategyproof randomized mechanisms. Leveraging the characterization, …

Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries And What The Law Can Do About It, Christopher Robertson, Annabel Kupke, Louise P. King

Faculty Scholarship

The nearly four million Americans who undergo gynecological surgeries each year suffer avoidable lifelong, painful, and disabling injuries. This Article diagnoses the root cause in our legal framework for healthcare finance and identifies legal solutions.

America’s public-private system for reimbursing healthcare pays for procedures rather than outcomes, and it pays substantially more for work on male rather than female anatomies. This disparity is due to the federal government’s reliance on a secretive industry committee to set those rates, and the committee’s reliance on junk science surveys, allowing self-interested and gender-biased responses, contrary to objective measures.

As payors disvalue the bodies …

Altruism In Facility Location Problems, Houyu Zhou, Hau Chan, Minming Li

School of Computing: Faculty Publications

We study the facility location problems (FLPs) with altruistic agents who act to benefit others in their affiliated groups. Our aim is to design mechanisms that elicit true locations from the agents in different overlapping groups and place a facility to serve agents to approximately optimize a given objective based on agents’ costs to the facility. Existing studies of FLPs consider myopic agents who aim to minimize their own costs to the facility.We mainly consider altruistic agents with well-motivated group costs that are defined over costs incurred by all agents in their groups. Accordingly, we define Pareto strategyproofness to account …

Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In this article, we share some ways in which we have adjusted our teaching to comply with Standard 303(b)(3) by addressing professional identity formation through the vehicles of outward-facing and inward-facing character-based skills. We believe that if law students do not intentionally start *811 exploring their professional identities as soon as they step foot into law school, they run the risk of believing that legal education and practice are somehow separate from their inner, personal identities as lawyers when, of course, they are, and ought to be, enmeshed. By injecting skills into the 1L curriculum that force both the development …

Two Ai Truths And A Lie, Woodrow Hartzog

Faculty Scholarship

Industry will take everything it can in developing Artificial Intelligence (AI) systems. We will get used to it. This will be done for our benefit. Two of these things are true and one of them is a lie. It is critical that lawmakers identify them correctly. In this Essay, I argue that no matter how AI systems develop, if lawmakers do not address the dynamics of dangerous extraction, harmful normalization, and adversarial self-dealing, then AI systems will likely be used to do more harm than good.

Given these inevitabilities, lawmakers will need to change their usual approach to regulating technology. …

Foreword To Information Privacy Law At The Crossroads, Woodrow Hartzog

Faculty Scholarship

Information privacy has changed quite a bit over the past thirty years. Even if you haven’t been following the news, you’ve probably felt it as part of your daily interaction with information technologies. More of our personal information is converted into data, collected, used, and shared than ever before. The law of information privacy has changed as well. What started with a reckoning around the printing press and handheld cameras became formalized with the advent of the database and has turned into something bigger and more complex than I would have ever imagined.

The idea for this symposium began with …

Kafka In The Age Of Ai And The Futility Of Privacy As Control, Daniel Solove, Woodrow Hartzog

Faculty Scholarship

Despite writing more than a century ago, Franz Kafka captured the core problem of digital technologies—how individuals are rendered powerless and vulnerable. Over the past fifty years, and especially in the twenty-first century, privacy laws have been sprouting up around the world. These laws are often based heavily on an Individual Control Model that aims to empower individuals with rights to help them control the collection, use, and disclosure of their data.

In this Article, we argue that although Kafka starkly shows us the plight of the disempowered individual, his work also paradoxically suggests that empowering the individual isn’t the …

Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs, Nicole Huberfeld, Linda C. Mcclain, Aziza Ahmed

Faculty Scholarship

This Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs' overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to "the people" and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well …

The Partisan Republic: Democracy. Exclusion, The The Fall Of The Founders' Constitution, 1780s-1830s, Matthew Crow, Katlyn Marie Carter, Graham G. Dodds, Jessica K. Lowe, Stephen J. Rockwell, Saul Cornell, Gerald F. Leonard

Faculty Scholarship

This article is a forum on Gerald Leonard and Saul Cornell's The Partisan Republic: Democracy. Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019). ISBN 978-1-107-02416-8

Roundtable Contents:

• Introduction by Matthew Crow, Hobart and William Smith Colleges
• Review by Katlyn Marie Carter, University of Notre Dame
• Review by Graham G. Dodds, Concordia University, Montreal, Canada
• Review by Jessica K. Lowe, University of Virginia School of Law
• Review by Stephen J. Rockwell, St. Joseph's University
• Author's Response by Saul Cornell, Fordham University
• Author's Response by Gerald Leonard, Boston University

Currere As Contemporary Art: Weaving Creative Research, Purposeful Vulnerability, And Poetic Expression To Nurture Teacher Self-Knowledge, Kimberley D'Adamo

Kimberley D'Adamo: Art, Curriculum, Publications, and Other Scholarly Works

Statement, first paragraph:

Pinar’s currere process offers educators supports for engaging in honest self-reflection to develop liberatory practices and tools to facilitate purposeful vulnerability. Currere scaffolds a transformative journey, enabling educators to explore their educational past, interpret it in their current context, and use those personal and pedagogical insights to envision alternative educational futures. In many ways, currere is about identifying and developing one’s own authentic voice, which appeals to me as both an educator and artist.

Spouse Violence In Case Of Police Officers In Puerto Rico: Violence In Police Families, Jorge Ismael Suarez

Theses and Dissertations

This applied dissertation was designed to explore the relationship between factors related to police work and whether these factors help predict domestic violence in a sample of officers of the Puerto Rico Police. The following factors were explored in this study: external burnout, alcohol abuse, department withdrawal, and authoritarian spillover. This study was based on a previous study by Johnson et al. (2005), which revealed that violence exposure and domestic violence among police officers are linked according to four mediation chains. The mediation chain was a model implemented by the authors to determine the influence of burnout, authoritarian spillover, alcohol …

Administrators’ Perceptions Of The Impact Of Restorative Practices On Discipline Referrals And Suspension Rates In A Rural Elementary School, Gregory W. Brown

Theses and Dissertations

The problem addressed in the study involved excessive out-of-school suspensions, which have been a major concern for public school educators for decades. The purpose of the study explored the perceptions of participants regarding the effects of implementing restorative practices on suspension rates at a rural elementary school.The qualitative phenomenology study used a purposive sample of 10 educators who interacted with students suspended for violating the school's code of conduct. Six kindergarten through Grade 5 teachers, two Grades 3–5 grade-level chairpersons, the Positive Behavioral Interventions and Support coordinator, and one administrator participated in the study. Utilizing case study approaches, this qualitative …