Digital Commons Network^™

Privacy's Algorithmic Turn, Maria P. Angel

Scholarly Works

As algorithms have taken over contemporary society, a portion of American privacy law scholars has gradually transformed information privacy into a post- algorithmic concept. Besides enabling individuals to protect their autonomy and attain certain collective benefits, these scholars now expect information privacy to act as the government's tool to protect society against data extraction and its consequent power asymmetries. This Article presents evidence of this transfor- mation-here referred to as "privacy's algorithmic turn"-, identifying its two main features: (1) a change in what is usually considered privacy harms, and (2) a transformation of the tools proposed to protect privacy. Additionally, …

Psychology And The Legislative Future Of In Vitro Fertilization, Kerry L. Macintosh

Faculty Publications

In LePage v. Center for Reproductive Medicine, P.C.,¹ three couples that had undergone in vitro fertilization (hereinafter IVF) sued a fertility clinic and hospital after their stored embryos were lost in an accident.² The plaintiffs included claims under Alabama’s Wrongful Death of a Minor Act (hereinafter Act), which imposes liability for a wrongful act, omission, or negligence that causes the death of a “minor child.”³ The trial court dismissed the wrongful death claims, holding that the embryos were not children.⁴ The Alabama Supreme Court, however, reversed the dismissal, reasoning that the lost embryos qualified as unborn …

Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …

In Pursuit Of Consumption-Based Forecasting, Charles Chase, Kenneth B. Kahn

Marketing Faculty Publications

[Introduction] Today's most mature, most sophisticated, best-in-class forecasting is what we call consumption-based forecasting (CBF). In contrast, the least sophisticated companies typically do not forecast at all, but rather set financial targets based on management expectations. Companies beginning to use statistical forecasting techniques usually take a supply-centric orientation, relying on time series techniques applied to shipment and/or order history. The next stage of progression is to incorporate promotions data, economic data, and market data alongside supply-centric data so that regression and other advanced analytics can be used. Companies pursing CBF utilize even more advanced capabilities to capture, examine, and understand …

Understanding The Application Of Evolutionary Psychology In Consumer Behavior: A Review And Future Research Agenda, Faegheh Taheran, Veronica L. Thomas, Kendra Fowler, Abdolati Mortazavi

Marketing Faculty Publications

This paper is the first to offer a comprehensive literature review of the role of evolutionary psychology (EP) in marketing and consumer behavior. This study takes a holistic approach, combining techniques of a systematic review with bibliometric analysis, to provide a performance analysis and identify theories and methodologies used in the literature. Most importantly, by studying the current state of EP, we elucidate six major themes: the role of gender in families, the role of affect in consumer behavior, food preferences and shopping behavior, motivations for and consequences of status signaling, the impact of ovulation on consumer motives and behaviors, …

Through The Filter Lens: The Negative Impact Of Beauty Filters In Influencer Marketing, Faegheh Taheran, Veronica Thomas, Abdolali Mortazavi, Dana Amiri

Marketing Faculty Publications

The article focuses on the negative impact of beauty filters on followers' perceptions of social media influencers, examining how these filters affect attitudes through perceived authenticity and deception. Topics include the relationship between filter usage and follower attitudes; the mediating roles of authenticity and deception; the effects of different types of filters on influencer credibility; and highlight the importance of genuine presentation in influencer marketing.

Narrative Transportation: A Systematic Literature Review And Future Research Agenda, Veronica L. Thomas, Jaime L. Grigsby

Marketing Faculty Publications

Consumers are inundated with opportunities to become engaged with marketing-generated stories, from watching an influencer detail her adventures abroad or a commercial about a military service member who makes it home just in time for the holidays. When consumers become so engaged with a story that they begin to connect with the story characters and imagine what will happen next, they experience a process known as narrative transportation, which has significant positive outcomes for marketers. Given the value that narrative transportation provides to marketers, we conduct a systematic literature review to both synthesize and provide direction on the literature of …

The Impact Of Generational Intelligence And Its Relationship With Team Cohesion And Team Performance In A Jamaican Multi-Generational Workforce, Omar Z. D. Oliphant

Dissertations

Problem

The Jamaica Union Conference (JAMU) currently faces a phenomenon of having a multi-generational workforce that includes four generations working alongside each other across its five fields for the first time in its history. This intersection of generations brings challenges concerning the adequacy of leaders’ generational intelligence and its relationship to team outcomes and perceptions of performance. The potential concerns for leaders center around employee recruitment, retention and engagement, conflict resolution, workplace culture, and productivity, among others (Tapscott, 2009). Any potential misunderstanding resulting from inadequate cross-generational intelligence among members of the generations currently represented may result in these Jamaican generationally …

Maternal Involvement, Parenting Styles And Socioeconomic Status As Predictors Of Academic Achievement Of Standard 5 Students In Trinidad And Tobago, Edison Greenaway

Dissertations

The Problem

Underachievement remains a long-standing issue for the Ministry of Education in Trinidad and Tobago. This has been exacerbated by the COVID-19 pandemic, which deleteriously impacted the education system. School closures became mandatory, and online learning was implemented throughout the education system. The results of the 2022 sitting of the Secondary Entrance Assessment (SEA) exams emphasized the issue of underachievement, with a significant decline in performance. Only 37.06% of students scored above the 50% mark. Familial factors such as parenting styles and parental involvement have been noted in the literature to positively impact students’ academic achievement (Borup et al., …

A Quantitative Study Of Perceived Factors That Influence Enrollment Within A Regional Conference Seventh-Day Adventist School System, John Calvin Alberty Jr.

Dissertations

Problem

A significant challenge confronting Seventh-day Adventist schools is declining enrollment, with schools in the North America Division of the Seventh-day Adventist Church either closing or experiencing a substantial reduction in enrollment over the years. The purpose of this study is to identify the perceived factors influencing enrollment within the Allegheny East Conference school system, ultimately explaining the enrollment shift from 1277 students to 635 students over a twenty-year period within the Allegheny East Conference school system. The study also determined if there are significant differences in perceptions of the importance of these observed enrollment-related factors among participants who hold …

The Processes, Events And Characteristics Associated With The Leadership Emergence Of New Believers In The Contemporary Movement Of The Seventh-Day Adventist Church In The United States, Cleveland Hobdy Iii

Dissertations

Problem

The Seventh-day Adventist Church is confronting an unsettling reality in the 21st century. A considerable body of literature has highlighted an escalating attrition rate, with the 'Ministry journal reporting in April 2019 that almost 50% of new converts eventually abandon their commitment (Thomas, 2019). Other data collected by the World Church through its Office of Research include statistics and archive information that confirm the losses (Knott, 2016; Trimm, 2023). After all the baptisms, membership transfers, professions of faith, and accessions, the worldwide Seventh-day Adventist Church is netting one new member per church per year. Since 1965, roughly 4 out …

Bmp Training Instructional Aid For Protection Of Edwards Aquifer Water Quality From Firefighting Runoff, Walter Den, Mark Black

Other Materials (Archived)

No abstract provided.

For A Lost Drachma: Contesting Hindutva Subjectivation In India’S Universities, Bhavika Sicka

Educational Leadership & Workforce Development Faculty Publications

The aim of this essay is to apply Michel Foucault’s ideas on power and the practice of freedom to the context of India’s increasingly neoliberalized higher education landscape. The essay revisits Foucault’s notion of subjectivation to analyze the cultural politics of the Hindu Right, which, through organized violence and self-disciplinary mechanisms, has attempted to masculinize, privatize, saffronize, and brahmanicize the nation-state (and the public university), erase the othered body from the nation (and campus spaces), and shape how individuals understand themselves, their identities, and their modes of being in relation to savarna-capitalist power and knowledge. This essay will also suggest …

Jufon Vaikutus Yliopistoissa Työskentelevien Tutkijoiden Julkaisukanavia Koskeviin Päätöksiin, Melina Aarnikoivu, Charles Mathies, Nelli Piattoeva

Educational Leadership & Workforce Development Faculty Publications

Yliopistojen rahoitusmallissa tärkeää roolia näyttelevä Julkaisufoorumi (JUFO) on virallisesti tarkoitettu laajempien julkaisumäärien tarkasteluun. On kuitenkin viitteitä siitä, että JUFOa käytetään laajasti myös yksittäisten tutkijoiden arviointiin. Tässä monimenetelmätutkimuksessa tarkastelemme sitä, miten JUFO-tasot vaikuttavat yksilöiden julkaisukanavia koskeviin päätöksiin, sekä sitä, miten tutkijat kokevat JUFOn roolin omassa työssään sekä tiedejulkaisemisessa laajemmin. Aineistonamme on keväällä 2023 toteutettu verkkokysely (N = 276), johon vastasi eri uravaiheiden ja alojen tutkijoita ympäri Suomea. Analysoimme vastaukset sekä määrällisiä (T- ja ANOVA-testit) sekä laadullisia (induktiivinen sisällönanalyysi) menetelmiä käyttäen. Tulosten perusteella JUFO-tasot vaikuttavat merkittävästi tutkijoiden enemmistön (54,9 %) päätöksiin siitä, millä perusteella julkaisukanava valitaan. Tasoilla oli suurempi merkitys tekniikan ja …

[Review Of The Book Remote Work Revolution: Succeeding From Anywhere, By T. Neeley]., Taylor Rodriguez

Educational Leadership & Workforce Development Faculty Publications

A consistent takeaway from research conducted on effective learning and working environments is that communication is key. In remote work and learning environments, communication comes from many different platforms, can be asynchronous and synchronous, and requires specific techniques, trust, and technology to be effective. Every salient point from the Remote work revolution: Succeeding from anywhere (Neeley, 2021), comes down to one central concept: communication. Technology and engineering educators will find the foundational concepts of this book pivotal to help guide remote education, especially in laboratory settings; potentially increasing the reach of their programs.

Enhancing Community College Leadership Development Through Ai: Enriching The Andragogical Approach, James Bartlett, Michelle Bartlett

Educational Leadership & Workforce Development Faculty Publications

This proposal is for a work-in-progress that proposes a study to explore the innovative use of Artificial Intelligence (AI), specifically ChatGPT, in advancing the development of training for leadership skills within community college settings. It aims to investigate how AI can be leveraged to provide a personalized and effective learning experience, aligning with the principles of andragogy to cater to adult learners in leadership roles. The study, currently in the data collection phase, anticipates revealing significant insights into the effectiveness of AI in professional development. It seeks to highlight the innovative aspects of AI integration in educational leadership, focusing on …

Ngo Navigators, Information Support, And Parental Assistance With Pk-12 School Decisions, Jason E. Saltmarsh

Educational Leadership & Workforce Development Faculty Publications

This study provides empirical insights into the perceptions and agency of navigators who provide school selection assistance and this NGO’s unique insider–outsider status. As semi-private actors, navigators offer an important bridge between two kinds of social capital: the informal types of trust and legitimacy that families rely on, and the skills, knowledge, and networks necessary to access higher-quality schools in choice policy contexts. Data for this study are derived from an exploratory case study, including 13 in-depth interviews, documentary and social media analysis, and informal conversations. The findings illustrate the benefits and shortcomings of NGO information support in choice policy …

Competition And Congestion In Trademark Law, Christopher Buccafusco, Jonathan S. Masur, Mark P. Mckenna

Faculty Scholarship

Trademark law exists to promote competition. If consumers know which companies make which products, they can more easily find the products they actually want to purchase. Trademark law has long treated “source significance”—the fact that a particular trademark is identified with a particular producer—as both necessary and sufficient for establishing a valid trademark. That is, trademark law has traditionally viewed source significance as the only necessary precondition for a trademark being pro-competitive. In this Article, we argue that this equation of source significance and pro-competitiveness is misguided. Some marks use words that are so closely connected with the product being …

The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin

Faculty Scholarship

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …

Evidence-Based Transitional Justice: Incorporating Public Opinion Into The Field, With New Data From Iraq And Ukraine, Mara Revkin, Ala Alrababah, Rachel Myrick

Faculty Scholarship

The field of “transitional justice” refers to a range of processes and mechanisms for accountability, truth-seeking, and reconciliation that governments and communities pursue in the aftermath of major societal traumas, including civil war, mass atrocities, and authoritarianism. This relatively new field emerged in the 1980s as scholars, practitioners, and policymakers looked for guidance to support post-authoritarian and post-communist transitions to democracy in Eastern Europe and Latin America. Since then, the field has grown rapidly—so rapidly that it is outpacing its capacity to learn from past mistakes. Recent methodological advances in the study of public attitudes about transitional justice through quantitative …

The Rise Of Private Equity Continuation Funds, Kobi Kastiel, Yaron Nili

Faculty Scholarship

This Article provides the first comprehensive examination of an emerging practice within the private equity sector: continuation funds. Continuation funds break from the traditional private equity model by allowing sponsors to hold on to assets beyond the typical fund term and, instead of selling the assets to third parties, sell them to their own newly established fund. Lauded by the private equity industry as providing “optionality” to investors by allowing them to cash out or roll over, continuation funds have grown to represent a major segment of investment activity in the United States. Despite their surging popularity among private equity …

The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina’S Youngest Citizens By Setting A Minimum Age Of Juvenile Court Jurisdiction, Peggy Nicholson

Faculty Scholarship

No abstract provided.

Too Young To Suspend: Ending Early Grade School Exclusion By Applying Lessons From The Fight To Increase The Minimum Age Of Juvenile Court Jurisdiction, Peggy Nicholson

Faculty Scholarship

In many respects, the evolution of juvenile court reform and school discipline reform follow similar trajectories. This Article begins by tracking those respective evolutions. Part I outlines the evolution of the juvenile court system in the United States and focuses on the fledgling system’s distinction of children from adults and its “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services. After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model, including policies that would …

From Pollution To Resource: Advancing Swine Waste Treatment In The Usa, Viney P. Aneja, Ryke Longest, Matias B. Vanotti, Ariel A. Szogi, Gudigopuram B. Reddy

Faculty Scholarship

Concentrated animal feeding operations (CAFOs) have led to environmental challenges, specifically waste management. Swine CAFOs generate large amounts of waste, requiring proper treatment to avoid air and water pollution. Conventional waste management technologies, such as lagoon and spray field systems, do not prevent air and water pollution impacts. Research for the past few decades led to recommendations for waste treatment technologies superior to lagoons and spray fields. Private environmental sustainability initiatives focused on reducing greenhouse gas emissions in the food supply chain have implemented biogas digester projects for capturing methane in covered swine lagoons to reduce greenhouse gas emissions. However, …

Standing And Probabilistic Injury, Curtis A. Bradley, Ernest A. Young

Faculty Scholarship

Standing to sue often turns on questions of probability. For example, public law plaintiffs must show that they are likely to be affected by allegedly unlawful government surveillance or environmental policies, and consumers may wish to sue private defendants over false credit reporting or data breaches that may or may not cause them financial or reputational harm in the future. This Article offers a framework for resolving a wide range of these “probabilistic standing” issues. Our core claim is that courts and commentators ask too much of standing doctrine in probabilistic cases. First, scholars sometimes seek a unified theory of …

The Limits Of Individual Prosecutions In Deterring Corporate Fraud, Samuel W. Buell

Faculty Scholarship

Fifteen years after the largest financial scandal and economic crisis in a century, discussion of the problem of corporate crime too often borders on cliché. Endless calls from Congress, the media, the public, many scholars, and even the Justice Department itself, to recommit, over and over, to locking up more managers and executives to deter corporate wrongdoing portray the problem as relatively straightforward and blame legislative and executive failure of will. Through examination of the litigation record from over 100 prosecutions spanning the period from the 2008 financial crisis to the present, this Article presents evidence that relying on individual …

Mickey, Disney, And The Public Domain: A Ninety-Five-Year Love Triangle, Jennifer Jenkins

Faculty Scholarship

No abstract provided.

U.S. Public Perceptions Of The Sensitivity Of Brain Data, Shenyang Huang, Umika Paul, Shikhar Gupta, Karan Desai, Melinda Guo, Jennifer Jung, Beatrice Capestany, William D. Krenzer, Dylan Stonecipher, Nita A. Farahany

Faculty Scholarship

As we approach an era of potentially widespread consumer neurotechnology, scholars and organizations worldwide have started to raise concerns about the data privacy issues these devices will present. Notably absent in these discussions is empirical evidence about how the public perceives that same information. This article presents the results of a nationwide survey on public perceptions of brain data, to inform discussions of law and policy regarding brain data governance. The survey reveals that the public may perceive certain brain data as less sensitive than other ‘private’ information, like social security numbers, but more sensitive than some ‘public’ information, like …

Transdisciplinary Doctoral Training To Address Global Sustainability Challenges, Zoie Taylor Diana, John Virdin, Michelle B. Nowlin, Nishad Jayasundara, Daniel Rittschof

Faculty Scholarship

No abstract provided.

Taking Liberties: The Supreme Court’S New Hierarchy Of Rights And Its Victims, Richard B. Katskee

Faculty Scholarship

The legitimacy of our unelected Supreme Court comes from the nature and structural limitations on judicial power. Courts do not make policy in the abstract. Rather, Article III requires federal judges to decide only real, live disputes, on the facts before them. Stare decisis then prevents the courts from changing legal rules willy-nilly. The big, important changes come instead through collective decision-making by our elected representatives. When courts do break from stare decisis, it is normally to expand protections for the politically disempowered. Those protections then make legislatures more representative and act as brakes on abuses of minorities by an …