Digital Commons Network^™

Dark Patterns As Disloyal Design, Johanna Gunawan, Woodrow Hartzog, Neil Richards, David Choffnes, Christo Wilson

Indiana Law Journal

Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them.

In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack …

Can Ai, As Such, Invade Your Privacy? An Experimental Study Of The Social Element Of Surveillance, Aileen Nielsen

Indiana Law Journal

The increasing use of AI rather than human surveillance puts pressure on two long-used cultural and (sometimes) legal distinctions: as between human and machine observers and as between content and metadata. Machines do more and more watching through advancing technology, rendering AI a plausible replacement for humans in surveillance tasks. Further, machines can commit to surveil only certain forms of information in a way that humans cannot, rendering the distinction between content and metadata increasingly relevant too for crafting privacy law and policy. Yet despite the increasing importance of these distinctions, their legal importance remains in four key domains of …

Ninth Amendment Neurorights, Joseph A. Tomain

Indiana Law Journal

Neurotechnology developments threaten two fundamental human rights: freedom of thought and mental privacy. For example, neuroscientists use brain scans to decode unspoken thoughts and to predict political ideology and sexual orientation. Additionally, they have successfully implanted false memories in the minds of mice. There are undoubtedly beneficial uses of this dual-use technology, such as identifying and treating a variety of medical conditions. But left unchecked, neurotechnology will be exploited by public and private actors alike. There is a growing and contested literature about how the law should respond to the increasing risks of neurotechnology. This Essay contributes to that literature …

People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser

Minnesota Journal of Law & Inequality

No abstract provided.

Keynote Address: Envisioning Wage Justice, Ruben J. Garcia

Minnesota Journal of Law & Inequality

No abstract provided.

Governing Global Gig Platforms In The Age Of Ai: When The Manager Is An Algorithm, David S. Lee, Felicia F. Chen Prosecution Development Fellow

Vanderbilt Journal of Entertainment & Technology Law

Gig workers are vulnerable to discrimination from the sharing economy platforms on which they work. This challenge is worsened by these platforms’ dependence on algorithms and artificial intelligence (AI) systems, which are used to control and direct gig workers. These platforms also often operate globally, and discrimination embedded within their algorithms can be magnified when exported into new cultural contexts.

These platforms exercise significant influence over gig workers, but their for-profit nature means that their boards and directors often prioritize shareholder value over gig worker protection. This tension has led to intense debates, as platforms attempt to minimize the rights …

De-Identified And Unregulated: How Data Brokers Outpace State Privacy Laws, Hannah Moore

Vanderbilt Journal of Entertainment & Technology Law

State consumer privacy laws, though increasingly important in the absence of a comprehensive federal privacy framework, fail to effectively regulate the practices of data brokers who exploit de-identified data. Laws like the Tennessee Information Protection Act (TIPA) exempt de-identified data from key protections, leaving significant gaps in oversight.

While the Health Insurance Portability and Accountability Act (HIPAA) establishes standards for de-identification, advanced analytics and linkage techniques employed by data brokers render this data increasingly susceptible to re-identification. The Federal Trade Commission (FTC) has taken steps to address these risks, but its limited authority highlights the need for comprehensive solutions.

This …

The Mirage Of Artificial Intelligence Terms Of Use Restrictions, Peter Henderson, Mark A. Lemley

Indiana Law Journal

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. The California AI Transparency Act even codifies this approach, mandating certain responsible use terms to accompany models.

But are these terms truly meaningful, or merely a mirage? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions …

Regulating Healthcare Coverage Algorithms, Jennifer D. Oliva

Indiana Law Journal

American healthcare facilities and providers increasingly rely on algorithmic tools to support clinical decision-making, standards of care, and institutional practices related to patient diagnosis and treatment. This development has been characterized as both “promising” and “peril[ous].” Healthcare algorithms are intended to improve and standardize healthcare decision-making, but they also are capable of exacerbating bias and discrimination and, thus, contributing to the delivery of inequitable care for already disadvantaged groups.

Straddling Worlds: Culture, Disability, And The Myth Of Academic Perfection: The Experiences Of Asian Indian Students In U.S. Education, Kalpana Thatte

Social Justice in Educational Leadership EdD Dissertations

This qualitative phenomenological study explores the educational experiences of Asian Indian students with disabilities through the lenses of Disability Studies (DS) and Critical Disability Theory (CDT). It addresses two research questions: (1) How do Asian Indian students with disabilities describe the way the model minority myth shaped their educational experiences? and (2) In what ways do K–12 educational experiences with self-advocacy shape their transition to four-year colleges?

Participants described intense academic and career pressures stemming from cultural expectations and the model minority myth, which portrays Asian Indian communities as innately high-achieving, hard-working, and academically-oriented. These pressures, combined with disability stigma …

By Wisdom, God Laid An Intricate Foundation: A Christian Approach To Ecological Restoration, Michelle E. Howell

Pro Rege

No abstract provided.

Unveiling The Vital Role Of Blue Carbon In Mangroves: Understanding Environmental Influences, Jahnelle Howe

Dissertations, Theses, and Capstone Projects

Mangrove ecosystems provide essential ecological services, including carbon sequestration, coastal protection, and heavy metal retention. However, their resilience and functionality are increasingly influenced by hurricanes, climate variability, and anthropogenic contamination. This dissertation integrates three research efforts examining mangrove canopy dynamics, carbon storage, and heavy metal contamination in two Puerto Rican mangrove systems: La Parguera and Laguna Grande.

Using remote sensing techniques (LiDAR and NDVI analysis), we assessed the impact of Hurricane Maria (Category 4, 2017) on mangrove canopy structure and vegetation health. Results revealed significant canopy height loss, with greater damage at Laguna Grande, where pre-storm canopy height and human …

Creative Coding Communities: Exploring The Relationship Between Scratch Use And Child Well-Being, Nikita Khalid

Dissertations, Theses, and Capstone Projects

This international study assessed the relationship between the use of Scratch, the world's largest coding community for children, and child well-being. Specifically, the study focused on the presence of well-being indicators in the RITEC-8 framework (RITEC, 2024) including creativity, relationships, competence, and autonomy within Scratch users’ behaviors. The participants (N = 17,315) included children aged between 8 and 16 who used Scratch in 2023 and came from 29 countries. The study examined trends in Scratchers’ behaviors including project creation, sharing, studio curation, and socialization based on their country of origin, gender and age. The data were used to construct user …

Spirometry: For The Winds In Us, Kendall Allison

Dissertations, Theses, and Capstone Projects

Spirometers are devices used to measure lung capacity. This capstone is a creative study of what restores our breathing aptitude as a response to the suffocating and alienating consequences of whiteness for people racialized as white. The project is a sequence of lyric essays. The first lyric essay frames whiteness as a condition of exile and examines the cultural and emotional currents that shore it up. I use exile as a frame to emphasize the intensity of the spiritual and cultural alienation that people racialized as white experience. I also contextualize the dis-ease of suicide in my own lineage, and …

The "Self" In Crisis: A Study Of Audre Lorde's The Cancer Journals, Golnaz Salehkarimi

Dissertations, Theses, and Capstone Projects

In this thesis, I focus on The Cancer Journals and explore how Audre Lorde articulates the chaos followed by breast cancer in her life: what is the nature of the crises? What aspects of her life are largely affected by it? How it unsettles her understanding of time and place, how her daily life, work, relationships, and future plans get affected, and how her self-image and her agency and subjectivity are threatened. Relying on theories of women’s autobiographies, women’s writings, and illness narratives, I explore Lorde’s ways of writing about her body and emotions to regain her sense of self …

Disturbance And Diversity: Lichens In Changing Landscapes, Laura Boggess

Dissertations, Theses, and Capstone Projects

Disturbance is a fundamental ecological force that shapes biodiversity, community composition, and ecosystem function. Human-driven disturbances—such as habitat fragmentation, deforestation, and air pollution—are increasing worldwide, altering ecosystems at unprecedented rates. While ecological research has illuminated many effects of disturbance, significant knowledge gaps remain for underappreciated but ecologically vital organisms, such as lichens. Lichens are obligate symbioses between at least one fungus and one alga or cyanobacterium. As such, they are sensitive bioindicators of environmental change, offering unique insights into ecosystem health due to their responses to stressors such as poor air quality, habitat fragmentation, and deforestation. Yet, their responses to …

Environmental Enrichment Reduces Cue-Induced Reinstatement Of Heroin-Seeking Following Prolonged Use And Reverses Region-Specific Heroin-Induced Neuroadaptations, Apoorva Vashisht

Dissertations, Theses, and Capstone Projects

Background: Relapse remains the greatest barrier to long-term recovery and the consequential rising overdose-related mortality in heroin use disorder (HUD). Currently available behavioral and pharmacological interventions fail to extend their benefits beyond the duration of the treatment. Additionally, opioid agonist-based medications accompany harmful neurobiological risks and propensity to promote further drug-seeking post-treatment. We have shown that environmental enrichment (EE), as a therapeutic strategy applied after drug intravenous-self administration (IVSA), can effectively facilitate abstinence and reduce reinstatement of drug-seeking in animal models of drug abuse. Moreover, dopamine receptors like D1 and D3, and mu-opioid (MO) receptors are well known for their …

The Long Arm Of The Law: The Far-Reaching Effects Of The Carceral State On Families, Madison Squiers

Dissertations, Theses, and Capstone Projects

This thesis investigates the extended consequences of mass incarceration in the United States, focusing on the social, economic, and psychological impacts on the nuclear families of incarcerated individuals. Through a comprehensive literature review of peer-reviewed studies published between 2000 and 2024, this study highlights how female partners and children of imprisoned men face significant hardships, including emotional trauma, financial instability, and social stigma. These burdens are most acutely experienced by low-income families and communities of color, reflecting broader patterns of structural inequality. The findings underscore how punitive criminal justice policies—especially mandatory minimum sentencing and the War on Drugs—have created ripple …

Love And Power: Narrative Resistance In The Contemporary Literature And Film Of The Americas, Tania Nicolaou

Dissertations, Theses, and Capstone Projects

This project analyzes the ways in which narratives of love, care, and intimacy support sociocultural change through cinema, literary fiction, and memoir in Indigenous, immigrant, and diasporic communities in the United States, Haiti, and Cuba. The project’s intervention revolves around how we compare and examine narratives of the marginalized, underrepresented, and misremembered in a way that does not focus primarily on pain and trauma, but on experiences that embody radical change, healing, and a shift in the colonial matrix of power. The chapters consider love as constructed through family, identity, memory, and nationhood, all in relationship to what love looks …

Placemaking And Belonging In Brooklyn: Bushwick City Farms, Marisa Cigliano

Dissertations, Theses, and Capstone Projects

Since the spring of 2022, New York City has seen an increased rate of newly-arrived migrants from countries in Latin and Central America, Asia, and Africa. In accordance with the city’s “right to shelter” obligation, NYC has provided shelter for migrants by converting hotels, office buildings, and even tents, into make-shift lodging designed for temporary stay. Within a year, anti-immigrant rhetoric from Mayor Eric Adams sparked activism from both immigrant rights organizations and long-term residents who don’t want migrant shelters in their neighborhoods. These shelters lack the necessary food, privacy, social services, and structure that is owed to homeless residents …

Essays On Capital Structure And Ownership Structure, Yiqin Chen

Dissertations, Theses, and Capstone Projects

This dissertation consists of two chapters about how ownership structure affects REITs’ capital structure and property transactions.

Chapter 1: The Influence of Ownership Structure on REITs’ Financing Decisions
This essay explores how ownership structure affects REITs’ financing decisions following natural disasters. The results show that REITs with high insider ownership tend to increase leverage in the aftermath of such events, while those with high institutional ownership, especially long-term institutional ownership, are more likely to reduce leverage. These findings provide further evidence of the monitoring role of institutional investors in shaping REITs’ financial strategies during times of crisis.

Chapter 2: …

Manny The Barber: Transitioning The Neurodivergent From High School To Workplace, Julia Barlas

Dissertations, Theses, and Capstone Projects

This capstone project is a documentary short film. The narrative focuses on Manny, a young man on the autism spectrum, who dreams about working in a barber shop. He lives in New York City and attends a specialized public high school. The film empathizes with Manny and with his community at large, illustrating the need for further job training and hiring initiatives acknowledging the potential and value of the neurodivergent. The observational mode of this documentary with some participatory elements serves to present the neurodivergent behavioral nuisances, patterns of speech, and interactions with the surroundings. Pieces of interviews with teachers …

An Exploratory Study Of Household Alcohol Consumption From The Us Bureau Of Labor Statistics Consumer Expenditure Survey With A Focus On Market Conditions And Regulatory Structures, Mayya Makarycheva

Dissertations, Theses, and Capstone Projects

Alcohol consumption and use is not just a harmful behavior or a potential recreational activity, but it also may form a way of self-identification.

Each type of beverage apparently has their own profile of dedicated drinkers. Those drinkers are also apparently loyal to the location of purchase. However, one may also consider whether consumption in one location is a predictor of consumption in the other location. This distinct tendency highlights the intricacy of consumption patterns, as on-premise and off-premise consumption simultaneously serve as complements and substitutes in the long run in terms of both location and type of beverage.

The …

The Impact Of Voluntary Disclosure Of Customers’ Names On Firm Value, Mu Li

Dissertations, Theses, and Capstone Projects

Customers are a primary source of a firm’s revenue, and a firm’s relationships with its customers are one of the key factors of its success. To reduce information asymmetry regarding customers, the U.S. Securities and Exchange Commission (SEC) mandates that all publicly traded firms disclose sales to major customers who account for more than 10% of the firm’s consolidated sales. Firms may voluntarily disclose more customer information such as customers’ names. While managers may be concerned with the financial implications of such voluntary disclosure, no studies to date have explored how it impacts firm value. Using a sample of 768 …

Cuny In The News: A History Of Reporting On The Humanities At The City University Of New York, Jacqueline R. Cahill

Dissertations, Theses, and Capstone Projects

This project compiles newspaper articles concerning humanities at the City University of New York, placing them on a timeline to establish patterns and changes within media reporting and public perception. The archival research of this project explores four distinct eras, grouped around major events in the history of the university: 1961-1971, for the founding of the university and open admissions struggle; 1980-1990, for the response to the ‘70s fiscal crisis and introduction of the Board of Trustees; 2000-2010 for the post-open admissions era and the centralization of CUNY; and 2020-present, for COVID and a new fight for racial equity. Examining …

The Language Of Development: A Case Study Analysis Of Climate Development In Central America, Alexandra Altomare

Dissertations, Theses, and Capstone Projects

The purpose of this thesis is to better understand the impact of locally led development activities on local populations. The focus of this thesis is on climate mitigation and adaptation activities in Central America led by international donor organizations such as USAID. The research consists of an in-depth review of existing literature and analysis from the fields of environmental justice, political ecology, postcolonial studies, and Indigenous Studies. This is accompanied by a case study analysis of various development projects in Guatemala and Honduras, as well as auto-ethnographic observations. In addition, this thesis analyzes the power and impact of language and …

Audiologic Management Of Individuals With Advanced Cochlear Otosclerosis: A Systematic Review, Sophie Silvermintz

Dissertations, Theses, and Capstone Projects

This systematic review evaluates the efficacy and outcomes of cochlear implantation (CI) in adults diagnosed with far-advanced cochlear otosclerosis. This synthesis of audiological outcomes, surgical complexities, and patient-reported quality-of-life (QoL) measures is the first systematic analysis of peer-reviewed studies on this topic. By completing a comprehensive analysis of CI's viability in managing severe-to-profound mixed or sensorineural hearing loss attributed to CO, it is anticipated that CI will be considered an option for persons experiencing the significant communication challenges presented by CO when traditional approaches to management have been ineffective.

Eleven peer-reviewed articles met the inclusion criteria, examining key outcomes including …

Understanding How Genetic Mutations Induce Oligodendrocyte Progenitors To Become Cancer Cells, Dennis Huang

Dissertations, Theses, and Capstone Projects

Gliomas are the most devastating adult brain tumors characterized by poor survival rate and limited options for treatment. Previous studies have shown that they are very heterogeneous and can be further sub-classified based on their transcriptional signature and the presence of specific mutations. One such subtype, is the “proneural glioma”, which is characterized by the enrichment in oligodendrocyte progenitor cell (OPC) transcripts and mutations in genes encoding for the tumor suppressor P53 (Trp53) and for Platelet Derived Grow Factor (PDGF) signaling. Since OPCs are the most abundant proliferative population in the adult brain, in this …

Path Dependency And The Politics Of U.S. Health Reform, Sophia Spadafore

Dissertations, Theses, and Capstone Projects

This study examines the impact of path dependency on health reform efforts in the United States, specifically analyzing how past policy decisions constrain subsequent reform possibilities. Utilizing the theoretical framework of historical institutionalism, the study investigates two significant cases—the passage of Medicare and Medicaid in 1965 and the The Patient Protection and Affordable Care Act (ACA) in 2010—to illustrate how successful healthcare reforms embed institutional arrangements that limit future policy innovation. Through a comparative case study approach grounded in legislative records, historical texts, and scholarly analyses, the research highlights that major healthcare reforms in the U.S. have consistently been structured …

Vital Signs: Tibetan In The Linguistic Landscape Of Jackson Heights, Olivia Mignone

Dissertations, Theses, and Capstone Projects

This dissertation critically examines neoliberal discourses of diversity surrounding the neighborhood of Jackson Heights in Queens, New York through a study of Tibetan in the linguistic landscape (LL). Neoliberal discourses of diversity view linguistic and cultural pluralism through a consumerist lens, centering the market value of minoritized languages and cultures and how they can be leveraged for economic benefit. Focusing on an exploration of Tibetan (in)visibility and hybridity in public spaces, this study contributes a view of diversity that is grounded in lived experiences and reflected in the linguistic and cultural exchanges of the Tibetan refugee population with other groups …