Digital Commons Network^™

The Second Life Of Information, Thomas D. Haley

UF Law Faculty Publications

Information permeates every aspect of modern life. It is the price we pay for access to online services and the form in which we embody creative works. Law and policymaking tend to focus on first-order uses and transactions; information for access serves as the paradigmatic example. But information enjoys a robust second life—one that constitutes the true value and power that drives firms’ decisionmaking—as assets. Once aggregated and assetized, the power and risk associated with information increases exponentially.

To explore the implications of information’s second life, this Article introduces the concept of “untethered information.” Assetization depends on severing the connections …

Litigating Predator Management, John A. Erwin

UF Law Faculty Publications

Despite significant gains over the last half-century, predators such as mountain lions, wolves, and bears are in the crosshairs once again. Scientific management, democratic principles, and the holding of wildlife resources in trust for the public are all foundational pillars of the North American Model for Wildlife Conservation, yet state wildlife agencies and legislatures routinely fail to uphold these values where predators are concerned. Many of these tensions were thrust into the public consciousness in 2020 when gray wolves were temporarily delisted under the Endangered Species Act (ESA), resulting in a disastrous wolf hunting season in Wisconsin. States that have …

Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah

UF Law Faculty Publications

Mail-order dispensing of the prescription drug mifepristone has become the latest flashpoint in this country’s long-running debate over abortion access. It also has brought back from the dead one of the oldest federal statutes to address that contentious subject. In their fight to limit access to a drug approved by the FDA one quarter of a century ago, abortion opponents have rediscovered the Comstock Act. Although amended on several occasions since 1873, Congress never managed to repeal or clarify its ambiguous language relating to abortion. On its narrowest reading, this provision would have no impact whatsoever on access to mifepristone; …

Dead Infants And Taking The Fifth, Tracey Maclin

UF Law Faculty Publications

This Essay offers tribute to Professor Colb's teachings and insights expressed in her writings on the Court's Miranda and Self-Incrimination Clause rulings. Since the start of the twenty-first century, Professor Colb wrote many blogs on the Court's Miranda doctrine. Miranda v. Arizona famously held that persons under arrest must be warned of their right to silence and to have counsel's advice before being subject to interrogation. Generally speaking, Professor Colb was critical of the Court's results and reasoning—for good reason.

As someone who supports a broad interpretation of the Fifth Amendment, I offer a counterview of Professor Colb's conception of …

Do Ais Dream Of Electric Boards?, Robert J. Rhee

UF Law Faculty Publications

When artificial intelligence (“AI”) acquires self-awareness, agency, and unique intelligence, it will attain ontological personhood. Management of firms by AI would be technologically and economically feasible. The law could confer AI with the status of legal personhood, as it did with the personhood of traditional business firms in the past, thus dispensing with the need for inserting AI as property within the legal boundary of a firm. As a separate and distinct entity, AI could function independently as a manager in the way that legal or natural persons do today: i.e., AI as director, officer, partner, member, or manager. Such …

Employment Law Reform From A Contracts Perspective, Rachel Arnow-Richman

UF Law Faculty Publications

For most of history, pro-worker legal reform has meant legislative action. By contrast, this Essay, prepared for the 75th Annual NYU Conference on Labor & Employment Law, looks to contract law as the source and site of progressive change.

This may seem odd. Contract has primarily been a tool of management. Terms set by the “parties” to an employment relationship, are likely to be those imposed by the employer. Yet contract law is essential to employment law reform. Protective legislation is incremental and discrete. Beyond its provisions, the employment relationship is defined entirely by private ordering. The day-to-day experience of …

Proper Conjugation Of Bodies: Chastity, Age, And Care Work In Sri Lankan Migrants’ Families, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Physical and symbolic aspects of bodies limit the migration trajectories of female domestic workers from a Buddhist community in coastal Sri Lanka. Government regulations and family decisions regarding women’s overseas labour draw upon and in turn influence discourses about gender, sexuality, age, health, and class. This ethnographic analysis illustrates that local norms task women with nurturing the brains of babies, preserving the chastity of teenage daughters, caring for frail elders, and preventing their working-class husbands from overindulging in liquor or having sex with other women. Successful social reproduction depends on the proper conjunctions of bodies in the extended family. Corporeal …

I Love That Country, That’S Why I Go There: Enduring Kiana Village Ties To Kobuk Valley National Park, Douglas Deur, Jamie Hebert, Emily Creek, Tricia Brown, Hannah Atkinson, Knowledge-Holders Of Kiana, Alaska, Christina Westlake

Anthropology Faculty Publications and Presentations

North of the Arctic Circle in far northwestern Alaska, Kobuk Valley National Park is a remote, roadless protected area transected by the Kobuk River—one of the northernmost salmon-bearing rivers in North America. Characterized by tundra, taiga, and the dramatic 25-square-mile Great Kobuk Sand Dunes, the park serves as a critical pathway for nearly half a million migrating caribou. Significant archaeological sites have been documented along the Kobuk River, demonstrating thousands of years of human settlement, fishing, caribou hunting, and many other cultural activities. At the time of European contact, and into the early 20th century, there were still Iñupiaq “Eskimo” …

The Ironically Important Role Of Incidental Take Authorizations In Whale Conservation, Alexander Carbaugh-Rutland, Jessica Owley, Kenneth Broad

Articles

The late 1970s and early '80s saw a regime shift in wildlife protection under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). That shift may be impeding the recovery of cetaceans (whales, dolphins, and porpoise species) in ways that are yet underexplored. As enacted, the MMPA and ESA established a conservation framework designed to reduce, to the fullest extent possible, "takes" of protected species. Between 1978 and 1982, a series of amendments to both statutes introduced a complex web of incidental take authorizations designed to ensure Congress' initial push for wildlife conservation would not impede economic …

An Archaeology Of The Red River Of The North, Michael G. Michlovic

Digital Press Books

An Archaeology of the Red River of the North offers an expansive survey of the indigenous cultures and peoples in the region of the Red River from the recession of Lake Agassiz around 9000 years ago to the intrusion of the Europeans. Beginning with an overview of the practice of regional archaeology and a justification for its pursuit, Michael Michlovic uses a traditional culture-historical sequence as a framework to incorporate archaeological studies from the late nineteenth century to the present time. Relevant research in fields such as ethnohistory, ethnography, radiometric dating, paleoecology, and geomorphology are used throughout the presentation. Dozens …

Benefits Of Nature-Based Play For Children: An Educational Resource For Parents, Kaitlyn Peterson

Occupational Therapy Capstones

Background: In recent years, children’s use of technology has increased, decreasing the time they spend playing in natural contexts and time spent building the parent-child relationship. The lack of time spent in outdoor contexts has negative influences on the child’s overall health and well-being. The time a child spends with their parent is vitally important for a child’s development, view of the world, and sense of belonging. Parents assist children throughout development by supporting their understanding of themselves and the world, along with supporting the child’s ability to communicate with their parents. Interactions with technology, particularly overuse, can influence a …

Teaching Social Marketing Concepts Through Prosocial Behavior Lenses, Bela Florenthal

Atlantic Marketing Journal

This study investigates the educational value of a prosocial project embedded in a college-level marketing course. Framed through a humanistic and holistic lens, the initiative integrated acts of kindness (AOKs) to engage students in real-world application of social marketing concepts. Using a mixed-methods approach, data were collected through student reflections and surveys, revealing high levels of cognitive, emotional, and behavioral engagement. Students developed empathy, compassion, and self-awareness, reinforcing the importance of integrating experiential learning into business education. The project also addressed AACSB’s emphasis on societal impact and aligned with the UN’s Sustainable Development Goals by promoting emotional well-being and civic …

Rahimi And The Future Of (The Rest Of) The Protection Order Prohibition, Bonnie Carlson

SMU Law Review

In the summer of 2024, the Supreme Court considered United States v. Rahimi. Scholars and lawyers watched with bated breath to see how the court would interpret and apply the foundation-shifting Second Amendment test it established in New York State Rifle & Pistol Ass’n v. Bruen two years earlier. Ultimately, the Court upheld the federal law which temporarily bans some protection order respondents from possessing firearms. But the Court provided little in the way of additional guidance that lower courts desperately needed as evidenced by the disparate outcomes on gun cases nationwide following Bruen. Rather, the Court opted …

Regulating The Forever Wild, Edward W. De Barbieri

SMU Law Review

Communities in rural areas regularly come into conflict with government bodies regarding the use of protected lands. From New York, to Alaska, to Nevada—and many places in between—a common question emerges: who should have authority to regulate human activity on and around wilderness lands? It is not a new phenomenon for urban dwellers, often controlling money and political power, to use influence and a specter of conservation to control what is permitted in rural spaces. Resulting unrest among rural resi­dents may be the result of the exclusion of poor, racially underrepresented, indigenous, and other residents who earn their livelihood from …

The Law Of First Impression, Amy J. Griffin

SMU Law Review

Judicial decision-making is governed by a complex web of unwritten operational rules—rules made by judges themselves. Some of these rules, like stare decisis or canons of interpretation, garner endless attention. Others remain unnoticed, becoming entrenched without ever being evaluated.

This Article is the first to identify and evaluate one such category of rules—those governing issues of first impression Public and academic attention is focused almost entirely on judicial fidelity to precedent, not what courts do in its absence. But issues of first impression are decided regularly by all U.S. courts, and the first impression label can have concrete legal effects. …

Public Projection | Wintersession 2025 Syllabus, Kameron Neal, Movement Lab

Course Materials

In this course, we will create site-specific projections that breathe new life onto the built environment. Working in the lineage of street art and guerrilla performance, we will explore the relationship between art, public space and the communities we inhabit. How is projection a tool of public communication? How can light and movement reshape architecture and human behavior? We will research sites, understand their stories, develop creative interventions, build prototypes and work collaboratively to design ephemeral public installations.

Telegraph Valley Performance, Installation, And Animation, La Samuelson, Movement Lab

Personal Work

"My fellowship project culminated in a 10 month exhibition and a series of 5 performances in Miami, presented by Diaspora Vibe Cultural Arts Incubator, the National Performance Network, with support from the RISD Movement Lab and Foundation for Contemporary Arts. The work was also included in Miami Art Week - 2025." – LA Samuelson

Rheology, Kameron Neal, Movement Lab

Personal Work

No abstract provided.

Levels Of Generality, The Limits Of Originalism, And The Supreme Court’S Second Amendment Jurisprudence, Amanda L. Tyler

SMU Law Review

Just how originalist is the Court’s Second Amendment jurisprudence after United States v. Rahimi? This is perhaps one of the biggest questions left in the decision’s wake. As it turns out, the answer is not altogether clear post-Rahimi. This is because the case produced some seven separate opinions, many of which—even though they agree as to the bottom line—get there by very different paths. This Article suggests that Rahimi, perhaps more than any other recent decision by the Court, underscores the crucial role that levels of generality in constitutional interpretation play, while illustrating the problems with …

The Radical Pedagogical Imagination Of Collapse: Refusing Art Education As Prestige Property, Courtnie N. Wolfgang, Hannah K. Sions

Journal of Social Theory in Art Education

Halberstam’s (2022) aesthetic and semiotic reimagining of collapse explores the concept of prestige property- a property that has been designed to suit the desires of investors, architects, and designers, not the needs of those inhabiting the spaces. In this manuscript, we discuss the aesthetics of collapse as Halberstam defines them, extrapolating his examples and providing what might be understood as “(arts) educational collapse”. We employ Halberstam’s concept of the prestige property as a metaphor for the arts and education: that formal educational spaces in the United States of America are prestige properties, created for political and social desires of oppression …

Development Of A Stable Isotope Method To Measure Protein Fractional Synthesis Rate In Equine Skeletal Muscle, Antoinette E. Foliart

Theses and Dissertations--Animal and Food Sciences

Muscle mass is regulated by the balance between muscle protein synthesis and degradation. Previous research in horses has shown that the signaling pathway that regulates protein synthesis is upregulated with increasing protein intake; however, whether this corresponds to an increase in muscle protein synthesis rates had not been previously explored. The objective of this study was to develop an isotopic method to measure muscle protein fractional synthesis rate (FSR) in horses following graded protein intake. Eight mature Thoroughbred horses were studied using a randomized cross-over design. Horses consumed meals containing 0 (No), 0.125 (Low), 0.25 (Med), or 0.5 (High) g …

Environmental Law—Relatively Impermanent Waters: The Need For State Regulation Of Isolated Wetlands In Arkansas After Sackett V. Environmental Protection Agency, Caroline E. O'Connor

University of Arkansas at Little Rock Law Review

No abstract provided.

Property Law— Squaring The Mold Predicament With Arkansas Landlord-Tenant Law, Katherine James Clark

University of Arkansas at Little Rock Law Review

No abstract provided.

Unlocking The Unknown: Exploring Ai Patents, Inventive Step With Cases And Recent Developments, Başak Ayşe Ortak

Asia-Pacific Intellectual Property Management and Innovation Book Series

Artificial intelligence is reshaping the field of patent law in transformative ways, particularly when it comes to the concept of inventive step. For instance, for a patent to be granted, the invention must demonstrate an inventive step, which will be explored here (German Patent Act, § 4; European Patent Convention, art. 56(1)). Furthermore, as artificial intelligence (AI) becomes increasingly involved in technological advancements, figuring out how to apply this criterion to AI patents is becoming more complex. This study looks into the challenges of defining what counts as an inventive step in AI-related inventions and evaluates whether current patent standards …

A Critical Approach To Analyzing And Addressing Worldview-Based Cultural Conflict Between Indigenous Peoples And Western Science In Education And Research, Deborah H. Williams

Sabbatical Projects

Intercultural conflict exists in science education and research, I argue as a result of differences between the Western scientific worldview and the Indigenous worldview. Native Americans are the most underrepresented group in STEM, and this has been the case, in my personal experience for over two decades. Western science is not universal or acultural, Indigenous peoples have their own ways of knowing founded on different philosophical assumptions and recognizing metaphysical phenomena and explanations that are rejected by Western science and the positivist/post-positivist paradigm. Through the power of colonial privilege, scientists, science departments, and science disciplines have been able to erect …

Unconstitutional “Detours”, Zachary R. Cormier

Missouri Law Review

There is no more important context to have clear Fourth Amendment search and seizure limitations than the traffic stop. “Police pull over more than 50,000 drivers on a typical day,” resulting in seizures of “more than 20 million motorists every year.” The frequency of traffic stops is compounded by the malleability of their potential legal justifications. In Whren v. United States, the Supreme Court held that a pretextual traffic stop motivated by a desire to investigate a vehicle’s occupants for unrelated criminal activity (for which the officer does not yet have probable cause) does not violate the Fourth Amendment so …

Glp-1 Receptor Agonist Use And Patient-Reported Well-Being Among Individuals With Diabetes And Obesity: Evidence From The All Of Us Research Program, Tinsae Gashachew Admassu

Public Health Theses

Abstract Background: Glucagon-like peptide-1 receptor agonists (GLP-1 RAs) are widely prescribed for type 2 diabetes and obesity, with growing interest in their potential effects on mental health and functional outcomes. However, clinical trials often exclude individuals with psychiatric comorbidities, limiting generalizability. Objective: To examine the association between GLP-1 RA use and self-reported mental health and functional outcomes in individuals with diabetes and obesity using real-world data from the All of Us Research Program. Methods: This cross-sectional study analyzed 53,127 adults with type 2 diabetes and 35,430 adults with obesity who had both EHR and survey data. GLP-1 RA users were …

The Sword And The Serpent, Gina Dittmeier

Children's Book Writing and Illustrating (MFA) Theses

This project provides insight into the monstrous bridegroom trope in fairytale and its influence in modern fantasy literature. The monstrous bridegroom trope has several different variations, but all of these variations result in a young and innocent woman marrying a monster. Through my critical essay, I look at this trope through a modern feminist lens, exploring the different variations of the trope in fairy tales, modern fairy tale adaptations, and fantasy literature. The essay brings in modern ideas of toxic masculinity and toxic femininity and applies them to the fairy tale inspiration of fantasy literature. The monstrous bridegroom trope and …

“Born This Way”: An Asexual Perspective On Biological Determinism, Julia Resciniti

Student Work

The inclusion of Asexual under the queer umbrella is contentious in of itself. As an asexual (or “ace”) myself, I do not intend to litigate whether asexual people belong under the queer umbrella. Instead, I am more interested in examining asexuality in parallel with the larger queer community. In the fight for social acceptance, the queer community has told several narratives about why and how people are queer. The queer community has embraced “born this way” to say queerness is biologically innate. Recently, there has been some backlash as people view their queer identity as more social than biological. This …

“Change Is Inevitable”: How The First Amendment Safety-Valve Theory Can Expand Protections For Student Expression, Leslie Klein, Jonathan Peters

Indiana Journal of Law and Social Equality

This article challenges the traditional notion that the regulation and protection of student expression in public schools should be based primarily or exclusively on the marketplace theory, which often reinforces the status quo. The safety valve theory is more appropriate and should be applied, especially in the current political and social climate, to inspire an expansion of student speech and press rights that would support expressive activities seeking to change the public discourse around important issues. Students who can speak freely will be more willing to accept decisions that go against them, and a school environment in which passionate or …