Digital Commons Network^™

The Art Belongs To The Artists, Deborah M. Weissman, Louis A. Pérez

Faculty Publications

This Article examines the rights of detainees interned at the Guantánamo Bay Naval Station to claim ownership of cultural work produced during their imprisonment. Through a series of arbitrary policies, the U.S. government alternately punished detainees for creating works of art, confiscated paintings and drawings, and otherwise denied detainees’ rights to control their creative works. This Article suggests the need to understand these policies as acts akin to plunder—that is, as a practice long associated with colonialism as a means through which the artifacts of the material culture of conquered peoples were expropriated and claimed as “trophies” of conquest. It …

Tax Compliance, Social Norms, And Influencers, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

While attaining perfect tax compliance is unachievable, more can and must be done. In the past, the country has relied primarily on a traditional system of sticks (e.g., audits and penalties) and carrots (e.g., refunds and whistleblower awards) to help narrow the “tax gap,” or the difference between what taxpayers owe in taxes and what they actually pay. Now, in the social media era, Congress and the Internal Revenue Service (IRS) should look beyond these traditional enforcement mechanisms. To achieve an even higher voluntary compliance rate, this Article advocates for policymakers to invest greater resources to enhance the social norm …

Notice, Consent, And Choice-Of-Jurisdiction Clauses In The United States, John F. Coyle

Faculty Publications

Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This Article first reviews the existing case law in this area and shows that while some U.S. courts have refused to enforce clauses for lack of notice, others do so as a matter of course. It then discusses several decisions where U.S. courts have held that notice …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

Faculty Publications

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

Equality And Justice: An Essay In Memory Of Dan Markel, Carissa Byrne Hessick

Faculty Publications

One of the traits that I admired most about Dan Markel was that he held legal scholarship to a very high standard. Whether it was his own work or the work of others, he believed that our work could only improve if we insisted on giving each other critical feedback.

It has been a decade since Dan’s tragic death. And while a Festschrift is ordinarily seen as an opportunity to praise the work of one’s colleagues, I want to celebrate Dan Markel in the way that I imagine he would respect most—by providing critical feedback about his work. In particular, …

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Faculty Publications

The right of publicity grants individuals control over the commercial use of their identity, particularly name, image, and likeness. Currently, publicity laws are a fragmented patchwork of state statutes and case law, leading to frequent calls for reform, including the establishment of a federal right of publicity. This issue has gained renewed urgency amid the rise of generative artificial intelligence and deepfake technologies. In response, Congress has introduced multiple bipartisan proposals—most prominently, the Senate’s No FAKES Act and the House’s No AI FRAUD Act—that seek to create federal protections against unauthorized digital replicas of likeness, voice, and other aspects of …

Shsp Dean's Newsletter, Winter 2025, Robert W. Amler

SHSP Dean’s Newsletter

No abstract provided.

Freedom Of Expression, Collection Management, And Ethical Decision-Making: Censorship Of The Good, The Bad, The Ugly, And Our Obligations To Preserve A Culture's Story, Caroline L. Osborne

Faculty Publications

Libraries, archives, and museums are cultural memory organizations responsible for preserving and conveying a culture’s story. While they have broad editorial discretion in collection management, they also bear significant responsibility, relying on professionals with the expertise to make complex decisions. Practical constraints—such as space, finances, and biases—necessitate content-based limitations and collection policies. This article examines collection management through legal concepts like pure speech, expressive conduct, and state actor status under the First and Fourteenth Amendments, distinguishing viewpoint discrimination from content-based discrimination. It also explores ethical decisionmaking through the lenses of justice, virtue, and the common good.

Administrability Over Testamentary Freedom Of Disposition, Kevin Bennardo

Faculty Publications

This Article challenges the widely accepted view that testamentary freedom is the dominant principle of American inheritance law. It argues that administrability—the need for a predictable, efficient probate system—frequently overrides freedom of disposition. Examining executor selection, procedural constraints, contest doctrines, settlement mechanisms, and the pervasive role of judicial and statutory oversight, the Article shows that testators have far less control over the disposition of their estates than traditional rhetoric suggests. Because process shapes outcomes, limits on testators’ ability to control the probate process constitute significant limits on testamentary freedom. The Article also demonstrates how doctrines such as intestacy and settlement …

A Patent System For Temple Grandin, Andrew Chin

Faculty Publications

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system …

A Review Of Social, Behavioral, And Ethical Considerations For Smart Life Engineering, John Murray

Faculty Research, Scholarly, and Creative Activity

Smart Life (SL) systems do not exist in a technological vacuum; they are embedded in a social ecosystem and have rich and complex interactions with their surroundings. It is important to recognize that their design and implementation will have an impact on the individuals and communities around them. This chapter examines the social, behavioral, and ethical issues to be considered in a holistic systems approach to SL engineering, to help practitioners and stakeholders to design the strategies needed for successful SL deployments. It addresses these topics from several disciplinary viewpoints and provides a comprehensive set of references for those requiring …

Japanese Incarceration Memorial As Trauma Portfolio Play, A. J. Faas, Alyssa Singh, Cibella Gamma

Faculty Research, Scholarly, and Creative Activity

In collaboration with the Japanese American Museum of San José, California, we examined their exhibit of WWII-era incarceration of Japanese Americans to understand how the presentation of different positionalities (e.g., Japanese/American, loyal/disloyal) engage with and contest the terms of incarceration and internal politics within the Japanese American community. In our analysis, we focus on the reproduction and contestation of particular narratives of power and identity and treat the memorial exhibit as a variety of community-based “trauma portfolio” that unsettles state bureaucratic constructions of suffering and (in)justice. We conclude by identifying transformative possibilities for engaging with the different positionalities of incarcerated …

Study Finds Pelvic Floor Dysfunction In Women With Multiple Sclerosis Is An Unmet Need Requiring Nursing Action, Nicole Zhang

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Ai-Generated Text Detection And Source Identification, Anjana Priyatham Tatavarthi, Faranak Abri, Nada Attar

Faculty Research, Scholarly, and Creative Activity

The use of advanced machine learning techniques to detect AI-generated text is a very practical application. The ability to distinguish human-written content from machine-generated text while identifying the source generative model helps address growing concerns about authenticity and accountability in digital communication. The differentiation of human-generated and AI-generated text is highly relevant to several applications, from news media to academic integrity, and is key to ensuring transparency and trust in content-driven environments. However, existing models are often insufficient to accurately detect AI-generated text and determine the specific AI source due to the complex nature of machine-generated content. To address this, …

Resilience Practices In Health Science And Medical Libraries During The Early Stages Of The Covid-19 Pandemic, Justin F. Gaynor

Faculty Research, Scholarly, and Creative Activity

This paper uses the concept of resilience engineering as an organizing principle to discuss best practices that evolved within health science/medical libraries in the United States during COVID-19 crisis, focusing on the period March–August 2020. Protection of library staff, assistance to medical staff, reducing the circulation of misinformation and public health consumerism all required substantial changes to standard processes. These process changes had to arise in the context of both physical isolation and information overload. Some practices became widespread due to their utility, and these are the focus of this report.

Health Care Professionals’ Perspectives On Technology Use In Urinary Care: Cross-Sectional Survey-Based Study, Nicole Zhang, Ni Zhang, Yun Wang, Rachel Wong, Kaylin Ma

Faculty Research, Scholarly, and Creative Activity

Background: Urinary issues pose a significant burden on health care systems, necessitating innovative solutions to enhance patient care and alleviate the provider burden. Objective: The objective of this study was to explore health care professionals’ perceptions of urinary issues and assess their acceptance and readiness to adopt wearable and remote technologies for managing these conditions. The study aimed to identify the attributes and barriers influencing technology integration in clinical practice, using established theoretical frameworks, such as the Health Belief Model (HBM) and the Technology Acceptance Model (TAM). Methods: A cross-sectional survey-based study was conducted. A structured survey questionnaire was administered …

Moral Intensity Dimensions Of Information Security Policy Compliance: Perspectives Of Construal Level Theory And Ethical Theories, Dailin Zheng, Zhiping Walter

Faculty Research, Scholarly, and Creative Activity

Sanctions are often ineffective in promoting employee compliance with information systems security policies (ISSPs) and may lead to undesired outcomes. We establish that ISSP compliance is an ethical decision and examine it through the lens of ethical decision-making using scenario-based surveys. Guided by normative ethical theories and the construal level theory, we find that both the opinions of co-workers and perceived negative consequences of noncompliance to the organization influence employee ISSP compliance intention. Additionally, perceived social distance affects employees' assessment of when damages to the organization can occur. Both the assessed timing of damage and the perceived social distance from …

Evidence-Based Strategies For Novice Teachers: Increasing The Participation Of Students With Autism Spectrum Disorder In Integrated Physical Education, Kristina K. Vargo, Jihyun Lee

Faculty Research, Scholarly, and Creative Activity

Autism spectrum disorder (ASD) is a pervasive developmental disorder that impacts approximately 1 in 36 students. Because of its high prevalence, it is likely that all physical education teachers will serve students with ASD during their careers. Although physical education leads to many improvements in students’ physical and social skills, students with ASD may experience challenges in the integrated physical education setting due to various factors, including motivation, skill proficiency, challenging behaviors, and sensory stimulation. The purpose of this article is to describe the challenges faced by some students with ASD in integrated physical education and to provide novice teachers …

Reliability And Severity Levels Of The Voice-Related Experiences Of Nonbinary Individuals, Grace Shefcik, Pei Tzu Tsai, Satveer Kler

Faculty Research, Scholarly, and Creative Activity

Objectives: Clinicians providing gender-affirming communication services to nonbinary individuals often utilize client questionnaires. The Voice-related Experiences of Nonbinary Individuals (VENI) is the only published questionnaire exclusively for nonbinary clients. This questionnaire consists of 17 items that gain insight into the client's self-perception of voice and voice-related concerns. According to Shefcik and Tsai (2023), the VENI's content validity is good to excellent. This study evaluated the measure's reliability through internal consistency and test-retest reliability analyses and created impact ratings to support interpretation of scores. Study Design: This study utilized an online survey-based design with test-retest administration. The initial survey was administered …

Young Audience And Vod Platforms Of Linear Television. Perceptions About Playz, Mtmad And Flooxer, Belén Moreno Albarracín, Tania Blanco Sánchez

Faculty Research, Scholarly, and Creative Activity

Introduction: The new audiovisual paradigm, marked by flexible consumption, a wide catalog and a participatory audience, increases the interest of linear television in connecting with young people. To that end, the channels manage specialized content platforms. This research aims to analyze Mtmad, Playz and Flooxer, and the perceptions about them. The specific objectives are to examine the catalogs; evaluate identification with management chains; analyze youth-content identification and study their consumption habits. Methodology: A content analysis based on web structures and catalogs is proposed; and a survey of 160 young people about their knowledge, identification and consumption patterns. Results: Mtmad leads …

Validation Of A Self-Fitting Over-The-Counter Hearing Aid Intervention Compared With A Clinician-Fitted Hearing Aid Intervention: A Within-Subjects Crossover Design Using The Same Device, Lucas S. Baltzell, Kosta Kokkinakis, Amy Li, Anusha Yellamsetty, Katherine Teece, Peggy B. Nelson

Faculty Research, Scholarly, and Creative Activity

In October of 2022, the US Food and Drug Administration finalized regulations establishing the category of self-fitting over-the-counter (OTC) hearing aids, intended to reduce barriers to hearing aid adoption for individuals with self-perceived mild to moderate hearing loss. Since then a number of self-fitting OTC hearing aids have entered the market, and a small number of published studies have demonstrated the effectiveness of a self-fitted OTC intervention against a traditional clinician-fitted intervention. Given the variety of self-fitting approaches available, and the small number of studies demonstrating effectiveness, the goal of the present study was to evaluate the effectiveness of a …

Unmasking Public Sentiment: A Sample Efficient Approach To Analyzing Twitter Opinion On U.S. Aid To Ukraine, Satanu Ghosh, Nikhil Dewitt, Souvick Ghosh, Denise Mccoy

Faculty Research, Scholarly, and Creative Activity

The U.S. aid to Ukraine is a bipartisan topic of extreme socio-political importance. While several organizations have conducted surveys to understand the public stance on this topic, there is no research to date that analyses public opinion on social media, possibly due to the lack of annotated data. Therefore, this research compares several sample-efficient methods (including in-context learning) to analyze tweet sentiments with minimal training data. First, we collect 11,289 tweets about the U.S. aid to Ukraine and mapped them to U.S. states. Next, we explore three different approaches to sentiment analysis: tool-based, embedding-based, and prompt-based. Our results indicate that …

Gender-Sexuality Alliance Advisors’ Covid-19 Strategies Inform Future Responses To Sociopolitical Crises, Robert A. Marx, Michael O’Brien, Megan K. Yang, Diana Smith, V. Paul Poteat

Faculty Research, Scholarly, and Creative Activity

In the spring of 2020, the COVID-19 pandemic necessitated a sudden shift to remote learning in schools across the United States, profoundly impacting marginalized communities, including LGBTQ+ students. This qualitative study explores the experiences of Gender and Sexuality Alliance (GSA) advisors during this period. Drawing on interviews with 10 GSA advisors, the research highlights the structural and logistical challenges faced, such as limited access to technology and virtual-meeting fatigue, as well as the innovative solutions and adaptations made to continue supporting LGBTQ+ youth. The study reveals how GSAs leveraged existing resources, maintained group cohesion, and adjusted meeting structures to navigate …

Exploring Large Language Models For Summarizing And Interpreting An Online Brain Tumor Support Forum, Christy Muasher-Kerwin, M. Courtney Hughes, Michelle L. Foster, Ibrahiim Al Azher, Hamed Alhoori

Faculty Articles, Papers, and Other Scholarship

Objective

Methods

"You Sure Feel Like You're Alone, Kind Of Flailing Away Out There": Family Caregiver Perspectives Of Caring For An Individual With Glioblastoma Multiforme, Christy Muasher-Kerwin, Abby Baumbach, Yujun Liu, M. Courtney Hughes

Faculty Articles, Papers, and Other Scholarship

Objectives

Glioblastoma multiforme (GBM) is the most common and aggressive form of brain cancer. Family caregivers of individuals with GBM must navigate a wide range of their care recipients’ physical, cognitive, and psychosocial deficits to provide effective care, which is both mentally and physically demanding. This study aimed to investigate the perspectives of family caregivers of GBM patients about the barriers and challenges they encounter when providing care to their care recipients. Methods

Nineteen current and former family caregivers for individuals with GBM participated in semi-structured interviews from October 2023 through January 2024. We conducted interviews virtually and used applied …

“This Is Everyone's Issue”: Policy Entrepreneurs, Issue Framing, And Coalition Building In The Passage Of Automatic Criminal Record Expungement, Elsa Y. Chen, Sarah E. Lageson, Ericka B. Adams

Faculty Research, Scholarly, and Creative Activity

Research Summary: Since 2018, at least 12 U.S. states have introduced policies to expunge certain eligible arrest and criminal conviction records through automated or algorithmic means. Drawing on interviews with governmental representatives and community stakeholders, this paper identifies strategies used to pass this legislation in Pennsylvania and Utah, the first two states to enact automated expungement policies. We frame our findings around three established theoretical frameworks of public policy making—policy entrepreneurship, issue framing, and coalition building—illustrating their combined strategic importance with data gathered from those involved on the ground in the passage and adoption of automated expungement legislation. The findings …

Self-Disclosure And Social Support In A Web-Based Opioid Recovery Community: Machine Learning Analysis, Yu Chi, Huai Yu Chen, Khushboo Thaker

Faculty Research, Scholarly, and Creative Activity

Background: The opioid crisis remains a critical public health challenge, with opioid use disorder (OUD) imposing significant societal and health care burdens. Web-based communities, such as the Reddit community r/OpiatesRecovery, provide an anonymous and accessible platform for individuals in recovery. Despite the increasing use of Reddit for substance use research, limited studies have explored the content and interactions of self-disclosure and social support within these communities. Objective: This study aims to address the following research questions: (1) What content do users disclose in the community?; (2) What types of social support do users receive?; and (3) How does the content …

Exploration Of The Effects Of Tai Chi Practice On Lower Limb Corticomuscular Coherence During Balance-Demanding Virtual Reality Conditions In Older Adults, Yang Hu, Elizabeth T. Hsiao-Wecksler, Manuel E. Hernandez

Faculty Research, Scholarly, and Creative Activity

Tai Chi practice has been widely adopted to improve balance and prevent falls in older adults. However, the neural mechanisms underlying the benefits of Tai Chi are difficult to evaluate during traditional balance assessments. The goal of this study was to evaluate the effects of Tai Chi and healthy aging on corticomuscular coherence (CMC) while standing in virtual balance-demanding environments. We recorded neural, muscular, and behavioral data in an immersive virtual reality environment while implementing sensory and mechanical perturbations to introduce high postural threats. Through the acquisition of electroencephalography and electromyography signals, we examined β and γ CMC changes in …

Unseen Connections: A Storymap Exploring Case Studies In Water-Energy Transitions And Environmental Justice, Alida Cantor, Elizabeth Bartholomew, Kate Berry, James Blair, Dustin Mulvaney, Nancee Hunter

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Temporal Patterns Of The Introduced Sponge Hymeniacidon Perlevis (Montagu, 1814) In The Elkhorn Slough, California, Usa, Jackson T. Hoeke, Kerstin Wasson, Amanda S. Kahn

Faculty Research, Scholarly, and Creative Activity

Hymeniacidon perlevis is a cosmopolitan sponge with a seasonal life cycle. We investigated seasonal and interannual dynamics of H. perlevis in Elkhorn Slough estuary, where it is an introduced species, and explored correlations between sponge cover and environmental conditions. We used sponge cover to estimate the potential effects of H. perlevis on its environment, and how those could vary across its seasonal life cycle. We found that recruitment is currently restricted to the upper estuary and while it varies annually, the frequency and density of sponge recruits have generally increased from 2007 to 2023. A seasonal life cycle was confirmed …