Digital Commons Network^™

Obscurity And The Fallacy Of No Privacy In Public Information, Woodrow Hartzog

Faculty Scholarship

The main thesis of this chapter is that because there are so many different possible interpretations of ‘public information’, the concept cannot be used to justify data practices and surveillance without first articulating a more precise meaning that recognises what is at stake. By disposing of the myth that there is an objective and dispassionate concept of public information, judges and lawmakers can clear the way for information rules based on overt value choices. In short, if the concept of ‘public’ is going to shape people’s social and legal obligations, its meaning and neutrality should not be assumed.

My argument …

Five Lessons From Ken Kersch’S Conservatives And The Constitution For The Present Moment, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

Timothy Snyder’s On Tyranny, a New York Times bestseller, has the subtitle, “Twenty Lessons from the Twentieth Century.” Ken Kersch’s Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (2019) provides at least twenty lessons from the second half of the Twentieth Century about the development of conservative constitutional thought and activism. Although conservatism has changed in many ways since the 1954-1980 period on which Kersch’s book focuses, these lessons are relevant for understanding the present political moment, filled with concerns that the U.S., during the second Trump Administration, is lurching toward tyranny, authoritarianism, and …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Sahani

Faculty Scholarship

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

Sidelining The Public, Anya Bernstein, Glen Staszewski, Wendy E. Wagner

Faculty Scholarship

This Article challenges the widely held view that Congress is the American government’s institution closest to the people, while administrative agencies are unaccountable and unresponsive. Providing a systematic, side-by-side institutional analysis, we compare the actual practices and capacities of these two institutions to engage affected publics in policymaking. We find that despite the democratic bona fides of an elected legislature, agencies possess superior capacities, more evolved practices, stricter rules, and stronger incentives for meaningful public engagement. Yet these capacities have been eroded—particularly over the last 50 years—by intensifying legal, political, and managerial obstacles. The Supreme Court and political actors have …

Corporate Law's Duty Of Data Loyalty, Andy Serwin, Neil Richards, Woodrow Hartzog, Ryan Durrie

Faculty Scholarship

Privacy law used to be a relatively tidy field, involving a few interesting but discrete topics like press disclosures of private facts, wiretapping, and the processing of personal data by internet companies. But as the digital revolution continues to disrupt area after area of human activity and software “is eating the world,” the core concerns of privacy law such as “when is it appropriate to process personal data?” have similarly entered field after field. Today, most fields of law, including discrimination law, antitrust, and international law, have found it necessary to reckon with the questions of informational harm and power …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Faculty Scholarship

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Does Digital Innovation Matter For Hospital Efficiency? Evidence From U.S. Hospitals, C. Christopher Lee, Shihui Fan, Jung Young Lee, David W. Hwang

Journal of International Technology and Information Management

Purpose – This study examines the impact of digital innovation on hospital performance, providing evidence to guide healthcare administrators and policymakers in making informed decisions regarding digital investment.

Design/Methodology/Approach – Using data from the 2020 American Hospital Association (AHA) U.S. Hospital Survey and the 2019 AHA Information Technology Survey, we empirically analyze the relationship between five dimensions of digital innovation—automation, cybersecurity, telehealth, health information exchange (HIE), and IT spending—and three efficiency indicators: occupancy rate, capacity productivity, and manpower productivity.

Findings – The results show that digital innovation has varying effects on hospital efficiency. Automation is positively associated with capacity and …

Blockchain As A Digital Coordination Infrastructure For Project Management: A Systematic Review And Integrative Framework, Cherie Bakker Noteboom, Sai Neelima Seru, Aravindh Sekar

Journal of International Technology and Information Management

Blockchain technology has gained increasing attention as a digital infrastructure capable of improving transparency, trust, and coordination in complex, multi-organizational project environments. However, existing research on blockchain-enabled project management remains fragmented and industry-focused, providing limited guidance for organizational adoption and integration. This study addresses this gap through a systematic literature review of 29 peer-reviewed studies, following PRISMA guidelines, to examine how blockchain capabilities are incorporated into project management practices across industries and maturity stages.

Grounded in Resource-Based View and Coordination Theory, the analysis employs a feature-to-process mapping approach to link six core blockchain capabilities—decentralization, transparency, immutability, smart contracts, traceability, and …

Words That Heal Or Harm: A Narrative Review On Language Use In Nursing Care.", R. Sudha, A.S. Neya

Manipal Journal of Nursing and Health Sciences

No abstract provided.

Was The Early U.S. Tax Treaty Program A One-Man Show?, Wei Cui

All Faculty Publications

This article examines the origins of the U.S. tax treaty program from the mid-1930s to the early 1950s. Drawing on congressional records and previously unexamined Treasury and State Department archives, it argues that the program was shaped to an extraordinary degree by a single Bureau of Internal Revenue official, Eldon P. King. Far from merely administering treaty policy, King effectively created and directed it: he developed legal justifications for treaty negotiations, selected negotiating partners, led negotiations, managed relations with the State Department, and helped secure Senate acceptance of the resulting agreements. The article shows how King transformed the limited treaty-related …

Alternative English Language Development Scheduling In High School: Long-Term English Learners’ Attitudes And Perceived Control, Kira Rashada

University of the Pacific Theses and Dissertations

This explanatory sequential mixed-methods study examined whether an alternative English Language Development (ELD) scheduling model influenced ninth-grade Long-Term English Learners’ (LTELs) attitudes toward school and perceived control at a California high school operating on a block schedule. Guided by Self-Determination Theory (Ryan & Deci, 2000), the study explored how differing ELD scheduling models may shape students’ experiences related to autonomy, competence, and relatedness. Specifically, the study compared ninth-grade LTEL students who participated in a traditional 90-minute ELD course during the 2023-24 school year with students who participated in an alternative scheduling model during the 2024-25 school year in which designated …

Commercial Determinants Of Health Revisited: Integrating Business Scholarship For Greater Public Health Impact, Junghoon Park, Bryan W. Husted

Management Faculty Works

In her influential 2020 review in Globalization and Health, Mialon synthesizes the commercial determinants of health (CDOH) literature and underscores how commercial actors are connected to public health through the institutional environments in which they operate. Much of this research conceptualizes firms as institutionally embedded but relatively homogeneous actors, emphasizing external practices such as the production and promotion of harmful commodities, lobbying, and corporate social responsibility initiatives. While recent CDOH scholarship has begun to recognize the importance of organizational-level factors, few studies analyze the internal processes through which corporate conduct with public health consequences emerges. We argue that integrating insights …

Pathways, Outputs And Impact Of Nih-Supported Bioinformatics And Genomics Graduate Trainees In Africa, Daudi Jjingo, Andrew Walakira, Suhaila Hashim, Cisse Cheickna, Ronald Galiwango, Caleb Kibet, Florence N. Kivunike, Gerald Mboowa, Fredrick Elishama Kakembo, Babajide Ayodele, Jean Baka Domelevo Entfellner, Santie De Villiers, Karen Wambui, Segun Fatumo, Tinashe Chikowore, John Mukisa, Alfred Ssekagiri, Nicholas Bbosa, Julius Mulindwa, Samuel Kyobe, Mike Nsubuga, Grace Kebirungi, Eric Katagirya, Savannah Mwesigwa, Ibra Lujumba, Rogers Kamulegeya, Samuel Kirimunda, Stephen Kanyerezi, Shahiid Kiyaga, Ivan Sserwadda, Davis Kiberu, Daniel Masiga

All Peer-Reviewed Publications

Global biomedical and health research is increasingly relying on genomic and computational approaches, largely driven by the increasing volumes of nucleic acid sequencing. Concurrently, epidemiological studies and clinical records are generating enormous amounts of data amenable to disease modeling, machine learning, and artificial intelligence techniques. Bioinformatics and data science expertise is therefore essential for improved population health. Accordingly, in 2012, the US National Institutes of Health (NIH) in partnership with the Wellcome Trust, and with support from the African Society for Human Genetics, initiated the H3Africa (Human Heredity and Health in Africa) consortium. One of its key goals was to …

Taxonomy, Distribution And Ecology, Biology, Nutritional Composition, And Conservation Status Of Critically Endangered Lake Chala Tilapia Oreochromis Hunteri (Günther, 1889): Implications For Aquaculture Development, Jonathan Munguti, Mavindu Muthoka, Domitila Kyule, Esther Magondu, Jacob O. Iteba, Kevin Obiero, Paul Orina, Menaga Meenakshisundaram, Tanga M. Chrysantus

All Peer-Reviewed Publications

Oreochromis hunteri Günther, 1889, commonly known as Lake Chala tilapia, is an endemic cichlid restricted to the small crater lake, Lake Chala, on the border of Kenya and Tanzania. This review synthesizes existing knowledge on the taxonomy, and phylogenetic placement, distribution and ecology, and biology including nutritional composition, and conservation status of O. hunteri and identifies knowledge gaps to assess its potential for aquaculture development. The knowledge gaps include its reproductive biology, population structure, and adaptive capacity to environmental and climatic variability. As the type species of the genus Oreochromis, O. hunteri is a unique, genetically isolated lineage within a …

Insect Farming Innovations: A Pathway To Self-Reliance In Agrifood Systems In Africa, Zewdu Abro, Menale Kassie, Dennis Beesigamukama, Shaphan Yong Chia, Ermias Engida Legesse, Subramanian Sevgan, Julius Ecuru, Chrysantus M. Tanga

All Peer-Reviewed Publications

Insect farming as an innovative approach to transforming agrifood systems

Insect farming has emerged as a transformative and sustainable approach to addressing the interconnected challenges of food insecurity, environmental degradation, and economic vulnerability in Africa’s agrifood systems. By converting organic waste into high-value products (protein-rich feed, frass fertilizers, and bioactive compounds), insect farming offers an efficient circular economy solution that bridges nutrition, livelihoods, and ecological resilience (Lalander et al. 2025; Mei et al. 2024; Barragán-Fonseca et al. 2022; Xia et al. 2021; Van Huis 2020; Barragán-Fonseca et al. 2017; Van Huis and Oonincx 2017; Yi et al. 2014). Almost all …