Digital Commons Network^™

Gig Work At What Cost? Exploring Privacy Risks Of Gig Work Platform Participation In The U.S., Amogh Pradeep, Johanna Gunawan, Álvaro Feal, Woodrow Hartzog, David Choffnes

Faculty Scholarship

In recent years, "gig work" platforms have gained popularity as a way for individuals to earn money; as of 2021, 16% of Americans have at some point earned money from such platforms. Despite their popularity and their history of unfair data collection practices and worker safety, little is known about the data collected from workers (and users) by gig platforms and about the privacy dark pattern designs present in their apps.

This paper presents an empirical measurement of 16 gig work platforms' data practices in the U.S. We analyze what data is collected by these platforms, and how it is …

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Faculty Scholarship

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform art and science, the way the internet transformed global communication. Either way, these debates about …

Unequal Ownership, Ofer Eldar, Rory Van Loo

Faculty Scholarship

Market concentration and weak competition do not just lead to lower efficiency but also result in corporate profits flowing primarily to wealthy households that own a disproportionate share of public corporations. We demonstrate that this is a growing distributional problem not only due to familiar reasons in the literature, most notably shifts in market power, but also due to changes in the socio-economic makeup of ownership. Over the past twenty years, households in the bottom 90 percent of wealth have seen their share of stock ownership decline by half. That is, the ownership of corporations has become increasingly concentrated among …

Consumer Agents, Rory Van Loo

Faculty Scholarship

In the twenty-first century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would filter out toxic social media content or a virtual shopping assistant that would find and even purchase the best deals online without having to go to many different websites and product pages. Yet tech platforms have used lawsuits and data control to stifle such tools. The lack of digital helpers has potentially profound consequences. Social media use is linked to alarming increases in teenage depression and anxiety. Businesses’ ability to manipulate consumers into paying higher …

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Faculty Scholarship

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Book Review: Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

Faculty Scholarship

Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, …

Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo

Faculty Scholarship

From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures feared that liability would chill innovation, growth, and user access. They also speculated that platforms have sufficient market incentives to voluntarily police bad actors, making liability unnecessary.

Whereas many scholars have argued that platform immunity is blind to justice, this Article shows that it is also …

Normalizing Facial Recognition Technology And The End Of Obscurity, Woodrow Hartzog, Evan Selinger, Judy Hyojoo Rhee

Faculty Scholarship

This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool poses to privacy, civil liberties, human flourishing, and democracy, the only appropriate response is a ban. To justify our position, we explain why facial recognition is distinctive among biometrics, clarify how even seemingly benign and positive uses of the technology can trigger dangerous normalization dynamics, and pinpoint why current United States laws (with reverberations in the EU’s AI Act) are designed to accelerate a slippery slope that makes mass surveillance nearly inevitable. Our most fundamental contribution lies …

Copyright Law And Property Law, Keith N. Hylton

Faculty Scholarship

Property is at the core of state law since it is the exclusive power of the individual state governments to define and protect property rights within their jurisdiction. In this paper I will discuss the general connection between copyright and property generally. I will argue that property law sheds important light on copyright law and can help us cut through modern controversies in copyright law. If I am correct in this view, any judge sufficiently familiar with property law doctrines could do better than the Supreme Court of the United States in resolving a new copyright controversy. Specifically, property law …

Digital Servitude, Julie A. Dahlstrom

Faculty Scholarship

This Article addresses the phenomenon of digital servitude—forced labor practices facilitated by information and communications technology (ICT). With advances in technology and the internet, scholars and advocates have observed the rise of technology-facilitated human trafficking. Yet, disproportionate focus has remained on online sex trafficking, including commercial sex websites and online recruitment, despite ample research on work, technology, and digital surveillance. This Article seeks to fill this gap by shedding light on how technology intersects with involuntary servitude and forced labor claims in the United States. By analyzing federal pleadings in civil and criminal labor trafficking cases, it provides new insights …

The Major Questions Doctrine, Post-Chevron?: Skidmore, Loper-Bright, And A Good-Faith Emergency Question Doctrine, Jed Handelsman Shugerman

Faculty Scholarship

When my students and colleagues fretted about Chevron's fate, I have said, "Worry less. Skid-more." Just as old Skidmore "weight" or "respect" returns post-Chevron, the new (and newer) major questions doctrine(s) survive as a reason to give less weight to an agency interpretation. This symposium essay suggests a special role for the post-Chevron major questions doctrine: an Emergency Questions Doctrine. When the executive asserts an emergency power, when the statutory basis is open-ended (often for very good reasons), majorness means less deference to simple and fast textualism, and more time for courts to engage in deeper purposivism to …

Why Did Prosecution Strengthen President Trump In The 2024 Election?, Steven Arrigg Koh

Faculty Scholarship

Why did criminal prosecution strengthen President Donald Trump's electoral prospects in the 2024 federal election? It was not supposed to be this way: after President Trump's 2024 New York state conviction, many speculated that President Trump's "felon" status would imperil his political career. In fact, the opposite occurred: federal and state criminal prosecutions reenergized President Trump's 2024 presidential candidacy. Contemporary criminal law theories-traditional individualist, expressivist, and critical-struggle to explain why. 

This Article advances a theory of criminal coalescence to explain why the Trump prosecutions led the former President to political victory. Criminal coalescence is the intensification of mass support for …

Panel Discussion: Mindfulness In The Law School Environment, Erika George, Nicky Boothe, Kellyn O. Mcgee

Faculty Scholarship

A 2016 study of 13,000 lawyers conducted by American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation found that approximately 28 percent struggle with depression, 19 percent anxiety and 23 percent stress.¹² The study found “younger lawyers in the first ten years of practice and those working in private firms experience the highest rates of problem drinking and depression.”¹³ At least one study suggests that 40-70 percent of disciplinary proceedings and malpractice claims against lawyers involve substance abuse or depression.

According to a 2016 Survey of Law Student Well-Being including over 3,300 law …

Challenging The Law, Steven Arrigg Koh

Faculty Scholarship

Frédéric Mégret’s engaging contribution, A Look Back at The Women’s Hague Peace Conference: What Contribution To International Law Today?, exposes a legal duality. On one hand, the legalist perspective: law is a closed system. From this perspective, law is objective, hard, universal, and bounded. On the other hand, the sociocultural perspective: law is a human practice. From this perspective, law is subjective, organic, particular, and porous. This Essay reads Mégret’s analysis of the 1915 International Congress of Women in The Hague as a “sociocultural challenge,” disrupting the legalist perspective on international law, war, and peace during World War I. …

What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

Faculty Scholarship

The findings of replication studies conducted in the early 2010s led many to declare that science was in the midst of a “replication crisis.” Since then, a growing number of reforms have been proposed and tested. The field of empirical legal studies seems behind other fields such as psychology, economics, political science, medicine, biology, and others that have taken significant steps toward uncovering the general reliability of the field’s empirical work, investigating the causes of observed unreliability, and instituting and testing the effects of various reforms. The purpose of this Article is to summarize what we know about the reliability …

The Purpose And Value Of A Summer Camp For Visually Impaired Young People, Anthony J. Maher, Justin A. Haegele, David Swanston

Human Movement Studies & Special Education Faculty Publications

Empirical research documents the benefits of summer camps for young people, including disability-specific or medical-speciality residential camps. Using an ethnographic approach which utilized observation and individual and group discussions with the visually impaired young people who attended a summer camp, their parents, and school teachers who staffed the summer camp, we build on the extant research here by exploring, for the first time, the purpose and value of a summer camp for visually impaired young people. The qualitative data generated from our research were subjected to thematic analysis. We discuss the summer camp in relation to the following themes: (1) …

Differences In Prescription Drug Misuse Among U.S. Adults With And Without Disabilities, Jeanette M. Garcia, Samantha M. Ross-Cypcar, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

Introduction

Increasing evidence suggests that adults with disabilities have higher rates of drug misuse compared to adults without disabilities, however; there is limited information on rates of commonly misused prescription drugs (e.g., stimulants, opioids, tranquilizers) to quantify the magnitude of this disparity. Thus, the purpose of this cross-sectional study is to examine and compare prevalence rates of prescription drug misuse by disability status and age group in a national sample of U.S. adults.

Methods

Data (n=47,100 adults) from the 2021 National Survey on Drug Use and Health was stratified by age group: 1) 18-29 years; 2) 30-49 years; 3) 50 …

The Complex And Marginalized Experiences Of Bipoc Trafficked Women: An Examination Of Disabilities, Aces, Discrimination, And Racism, Jacquelyn C. A. Meshelemiah, Fabian Arroyo Rojas, Hannah Ruth Steinke, Marlene Carson, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

The purpose of this study was to examine the lived experiences and multiple identities of disabled BIPOC trafficked women. The findings from this study help to identify a carousel of victimization experienced by disabled BIPOC trafficked women, starting with adverse childhood experiences, onto trafficking victimization that differed between Black and White women, and later while seeking services. These findings highlight the need for providers and researchers to think beyond monolithic identities and consider the intersecting ways in which various forms of oppression (ableism and racism) influence the experiences of disabled trafficked BIPOC women.

Our Reflections And Concluding Thoughts, Justin A. Haegele, Wesley J. Wilson

Human Movement Studies & Special Education Faculty Publications

In this chapter, the editors provide concluding thoughts and reflections about the process of constructing this case-based learning book, and encouragement for readers to further consider ways to reflect about the stories of the authors. We reiterate the five broad reflective prompts from Chapter 2 to guide this reflection. We also share concepts related to ableism, and examples of how ableism may look and how it may inform practice. We conclude with, again, encouraging authors to think about and reflect on the stories included throughout the book, and to be mindful of ways ableism may (or may not) influence this …

Conceptualizing And Problematizing Inclusion Porn In Education Scholarship And Practice, Justin A. Haegele, Anthony J. Maher

Human Movement Studies & Special Education Faculty Publications

Discourses of inclusion are currently used without clear and consistent meaning and multiple and varied interpretations exist, therefore stunting our ability to enhance or utilize the concept in social justice and education scholarship and practice. In this article, we argue that the ambiguous, conflicting, and contested features of inclusion have opened a door for nondisabled policy makers, academics, practitioners, and other stakeholders to exploit the concept of inclusion by crafting the logics and taken-for-granted assumptions that become associated with it. Accordingly, these nondisabled stakeholders gain social, cultural, and symbolic capital in the fields that they operate, while (some) disabled students …

Development Of A Personalized Conversational Health Agent To Enhance Physical Activity For Blind And Low-Vision Individuals, Soyoung Choi, Jooyoung Seo, Ashwath Krishnan, Sanchita Kamath, Justin Haegele

Human Movement Studies & Special Education Faculty Publications

Background: With the advancements in mobile health (mHealth) technologies, sighted individuals can benefit from mobile apps and wearable devices to more easily manage their physical activity (PA) and wellness data through intuitive touch gestures and effective data visualizations. However, for blind and low-vision (BLV) individuals, these conventional interaction methods are often challenging, not only limiting their ability to use these technologies but also potentially diminishing their motivation to adopt them to support health-promoting behaviors. We aimed to develop a health monitoring application called Personalized and Conversational Health Agent (PCHA) that supports BLV individuals with self-monitoring and management of their PA …

Autistic Young Adults' Experiences And Recommendations For Strength Training, Ashlyn Barry, Justin A. Haegele, Daniel Schaefer, Kristen A. Pickett, Luis Columna

Human Movement Studies & Special Education Faculty Publications

Strength training can be a beneficial form of physical activity (PA), but little research has examined how autistic individuals experience it or what makes programs accessible and supportive. Therefore, the purpose of this study was twofold: (1) to explore autistic young adults’ experiences with strength training, and (2) examine their recommendations for designing programs that meet their needs. Thirteen autistic young adults (ages 22–25) participated in semi-structured interviews about their strength training experiences and preferences for program design. A qualitative descriptive approach with a constructivist lens guided reflexive analysis. Participants described key factors that influenced their participation in strength training, …

Green Regionalism In World Trade Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Multifaceted geopolitical conflicts have led to disruptions in the trade regime and multilateral negotiations. As a paradigm shift, green regionalism has emerged as a new normative process for regional economic frameworks to integrate and operationalize environmental sustainability. The article offers the first interdisciplinary analysis of green regionalism in world trade law. It argues that green regionalism, which has evolved amid various waves of global regionalism, constructs the normative foundation for 'Trade and Sustainability 2.0'. The article employs the concept of recognition in international relations to unveil the motivations and actions of major states in catalyzing green regionalism. Legal and political …

A Scientometric Study On Research Trends And Characteristics Of Burning Mouth Syndrome, Wei Liu, Ying Zhang, Qi Zhu, Lan Wu

Journal of Dental Sciences

Abstract Background/purpose Burning mouth syndrome (BMS) is a chronic condition characterized by intraoral burning sensation and orofacial pain but without oral mucosal lesions. The purpose of this study was to analyze the scientometric characteristics and research trends of BMS. Materials and methods All the papers on BMS were comprehensively retrieved from the Scopus database. The years of publication were divided into before 2015 and 2015–2024 in the analysis of research trends. Results There were 924 papers on BMS, with total citations of 24,024 and the h index of 76. The related disorders of BMS were depression, xerostomia, pain, anxiety, glossodynia, …

Contemporary Approaches To Orthodontic Treatment In Complex Mixed Dentition Cases: A Comparison Of Clear Aligners And Traditional Fixed Appliances, Hsin-Chung Cheng, Daniel Chen, Pyi Win

Journal of Dental Sciences

Abstract This study examined orthodontic treatment strategies for patients in the mixed dentition phase, with a focus on the advantages and limitations of clear aligners and traditional fixed appliances in addressing complex tooth movements. Herein, three cases were reported to illustrate the complementary strengths of these treatment modalities. In Case 1, presurgical orthodontics for a patient with a cleft lip and palate was performed using clear aligners, resulting in successful rotation correction and optimal alignment. In Case 2, a noninvasive approach involving a transpalatal arch and fixed appliances was used to manage a high labially impacted central incisor without the …

Single-Cell Genomics Reveals Transcriptional Heterogeneity And Cellular Crosstalk In Salivary Gland Fibrosis, Hao Lu, Dan Liang, Wei Xu, Yifan Wu, Qicheng Ye, Wanlin Xu

Journal of Dental Sciences

Abstract Background/purpose Salivary gland fibrosis (SGF) is a prevalent condition associated with various pathological states. However, a detailed understanding of the single-cell transcriptional profiles and cell–cell communication networks in this context remains elusive. Therefore, we aimed to unveil the gene expression profiles and intercellular communication patterns in SGF. Materials and methods We established fibrosis models of the submandibular gland (SMG) and generated a detailed single-cell transcriptomic atlas to investigate cellular heterogeneity and communication patterns. Utilizing CellChat, we dissected the intercellular dialogues within these fibrotic environments. Results The analysis distinguished fifteen distinct cellular clusters, highlighting significant heterogeneity among fibroblasts in fibrotic …

A Scientometric Study On Wnt And Notch Signaling Pathways In Oral Potentially Malignant Disorders And Oral Cancer, Xiaoliang Luo, Yiwen Deng, Hao Wu

Journal of Dental Sciences

Abstract Background/purpose Accumulating evidence indicates that aberrant activation of certain cellular signaling pathways occurs during the development and progression of oral cancer. The purpose of this study was to analyze the scientometric characteristics of Wnt and Notch pathways in oral potentially malignant disorders (OPMD) and oral squamous cell carcinoma (OSCC). Materials and methods All the papers on Wnt and Notch pathways in OPMD/OSCC were comprehensively retrieved from the Scopus database. Results A total of 301 and 169 papers on Wnt and Notch signaling pathway in the field of OPMD/OSCC were retrieved, respectively. As for Wnt pathway in OPMD/OSCC research, distinctive …

Evaluating Communication And Clinical Skills In Objective Structured Clinical Examination (Osce) Using A Low-Cost Neck-Mounted Device, Insights From A First-Person Perspective, Chao-An Chen, Yu Ching Liu, I-Ching Liao, Ching-Yi Wu, Chung-Han Ho, Chih-Hao Lu, Kuan-Liang Chen

Journal of Dental Sciences

Abstract Background/purpose This study used a neck-mounted mobile phone from a first-person perspective to record the performance of dental interns in an objective structured clinical examination (OSCE) to evaluate the effectiveness of video feedback and to assess medical communication and clinical skills. Materials and methods Standardized patients wore neck-mounted mobile phones to record the examination process from a first-person perspective (FPP). Pre- and post-test questionnaires measuring anxiety, impacts on communication skills and performance, distraction, technical challenges, feedback received from video, and educational value of the neck-mounted phones were completed by dental interns. The questionnaires were scored on a four-point scale …

Artificial Intelligence & Criminal Justice: Cases And Commentary, Benjamin Perrin

All Faculty Publications

When I was given the chance to develop a seminar this year at UBC’s Peter A. Allard School of Law, I jumped at the opportunity to develop something new and engaging. After brainstorming ideas with students, it quickly became evident that there was substantial interest and enthusiasm for a seminar on the growing integration of artificial intelligence and the criminal justice system.

Embarking on this journey has been a steep learning curve for me as my students and I worked together to shape the course along with input from generative AI tools like ChatGPT, Gemini and Perplexity, along with open-source …

Time-Pressured Negotiations, Hal Abramson

Scholarly Works

This Article considers how to negotiate when you do not have the time to use your best negotiation practices. No other article has considered what to do when in a time-pressured negotiation other than to advise you not to be trapped by a deadline. When you have no choice but to rush, this Article examines the choices that will reduce the risks posed by skipping any best practices.

This Article first considers the inherent risks of taking shortcuts and then describes a negotiation map suitable when not rushed as a guide for selecting shortcuts when rushed. After this introduction, the …