Digital Commons Network^™

Criminal Procedure—Judicial Abuse Of Discretion And The Need For Legislative Intervention, Jeanette Morris

University of Arkansas at Little Rock Law Review

No abstract provided.

Barnette’S Robert H. Jackson: The Constitution Protects Individual Conscience When The Cost To Society Is Not Too High, John Q. Barrett

Missouri Law Review

This essay, part of a symposium on Linda McClain’s and James Fleming’s book “WHAT SHALL BE ORTHODOX” IN POLARIZED TIMES, is about Justice Robert H. Jackson’s opinion for the Supreme Court in West Virginia State Board of Education v. Barnette. Justice Jackson explained in Barnette how the U.S. Constitution protects schoolchildren conscientious objectors from being compelled by government to salute and to pledge allegiance to the U.S. flag. But Barnette was not, as the Supreme Court recently seems to read it, an absolutist decision constitutionalizing individual conscience claims to be exempt from societal, general, significant interests in compelling speech. Barnette …

Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon

Missouri Law Review

“Striving to better, oft we mar what’s well.” The attempt to solve a problem can sometimes topple a functional system entirely. The striving to improve a thing can frustrate its purpose. Limping along under the guise of functionality, however, many sociopolitical processes hinder our progress. Something works, so we cling to it in fear of making it worse. The idea has been aphorized that perfect is the enemy of good. Although a quaint and conservative philosophy, there is a countertheory: “Good is the enemy of great.”

Aurela App Mockup – Discreet Drug Detection Wearable, Piper Ferch

Graphic Communication

Aurela is a discreet drug detection technology jewelry brand, and the wearable will connect to the app to tell users if their drink is safe when they test it with the jewelry. Drug-facilitated sexual assault is a deep rooted societal issue, and Aurela works to empower customer’s control of their safety. The brand was created by my beach volleyball teammate Addie Bounds, and my project aims to show how the app would provide fast, accessible information to users, in an easy-to-read and streamlined format. It will include a map feature, that displays ratings of local businesses, likely bars, given by …

New Tsg Processes: Improving Workflow Efficiency Through Desktop Ux/Ui Design, Evelyn Guzman Ramos

Graphic Communication

This senior project is focused on improving the equipment handling processes for the Technical Service Group (TSG) in the Electrical Engineering Department at Cal Poly through the design and development of a user-friendly desktop application. The goal is to create an intuitive and efficient interface tailored to the needs of student staff and faculty, reducing the time and complexity associated with current manual and outdated systems. The design will prioritize usability, accessibility, and task efficiency, key pillars in User Experience (UX) and User Interface (UI) design for desktop environments (Nielsen & Budiu, 2012). This user-centered approach emphasizes desktop-specific interaction patterns …

Protesting, Cash Bail, And (Un)Equal Protection: Using Empirical Data To Prove Equal Protection Violations, Alireza Nourani-Dargiri

Denver Law Review

Despite considerable data demonstrating disparate government treatment of racially minoritized groups, recent race-based equal protection cases have met only measured success because courts often find statistical evidence of racial bias to be too attenuated. Without an explicitly racist statement, policy, or law made by government officials, many courts will not intervene in systems that have long, consistent histories of racially discriminatory impacts. But this contradicts the purpose of the Equal Protection Clause: to prevent people of color—particularly Black people—from being discriminated against and kept in a functional caste system. Courts and scholars have consistently identified this purpose, and throughout equal …

Administration And Faculty, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Abuse Of Power In The Workplace: The New Gender Discrimination Claims, June Carbone, Nancy Levit, Naomi Cahn

University of the Pacific Law Review

No abstract provided.

Leadership And Antiracism In Legal Education, Danielle M. Conway

University of the Pacific Law Review

No abstract provided.

Centennial Talk: From Morality To #Metoo: Constructions Of Unlawful Sex In America, Aya Gruber

University of the Pacific Law Review

No abstract provided.

Comparing The Effectiveness Of Low Impact Image Analysis To Traditional Vegetation Sampling In A Branford Marsh, Peter T. Porrello

Master's Theses

The growing need for non-intrusive research methods has led to a surge in passive data collection, such as audio recorders, data loggers, and camera traps, in the ecological field. This improves the capacity to observe fragile habitats without causing any harm and gives researchers new perspectives on the natural world. A non-invasive cable camera system is suggested as a means of gathering data to lessen these ecological disruptions. By taking images of the salt marsh's surface, this technique will minimize plant destruction and lower CO2 emissions brought on by foot traffic through the marsh, whilst producing data that is on …

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

Putting A Band-Aid On A Bullet Hole: The Deaf Individual's Subdued Constitutional Right Against Self-Incrimination, Alexandra Kotowski

Hofstra Law Review

No abstract provided.

Educational Change Through Bureaucratic Effectiveness: The Role Of Mid-Level Networks, Jose Eos R. Trinidad

Interdisciplinary Studies Faculty Publications

Studies of networks for educational change often focus on webs of teachers, school leaders, policymakers, and philanthropists, with little attention to staff at the middle level, who arguably have immense potential to effect change. This article explores an initiative for educational change through mid-level staff using the case of a nonprofit that places its members in large, public education bureaucracies in a developing country. I explore a mechanism for how the strategic patchwork of staff can support change through improved bureaucracy. First, staff are intentionally placed, reputationally distinct, and purposely connected. Second, these individuals influence bureaucratic effectiveness through coordinated policies, …

Table Of Contents

Washington Law Review

No abstract provided.

Perceptions, Benefits, And Challenges Of Using Travel Nurses: Perspective From Nurse Leaders, Fang-Yu Chou, Kim Failla, Melissa Skorka, Evangeline Fangonil-Gagalang

School of Nursing and Health Science: Faculty Scholarship

No abstract provided.

A Right To Repress: Ipec V Inslee And The Parental Right To Determine The Gender Of A Child, August Brown

Washington Law Review

Do parents have a constitutional right to determine their child’s gender? No court has held that they do, but that assumption was the basis of a challenge brought in August 2023 to Senate Bill 5599 (ESSB 5599)—an amendment to the Washington State Family Reconciliation Act, which protects runaway youth seeking gender-affirming treatment and reproductive health care services from immediate parental notification. Plaintiffs International Partners for Ethical Care (IPEC) and others challenged the bill before the U.S. District Court for the Western District of Washington. Their claims turn on parental rights, as well as several associated federal and state constitutional claims. …

Unlocking Platform Data For Research, Niva Elkin-Koren, Maayan Perel, Ohad Somech

Indiana Law Journal

Digital platforms, which control unique access points to the rich data stored on their servers, have become a “living lab” of real-time information. Scientists and researchers increasingly use platform data for various purposes, such as training machine learning (ML) systems and Natural Language Processing (NLP) models, and for studying diverse fields such as medicine, humanities, and social sciences, including the influence of digital platforms on society. However, researchers increasingly encounter significant barriers when attempting to access platform data. Although platforms typically lack proprietary rights over the data itself, they exert strong control over its use by imposing digital locks and …

Moving Slow And Fixing Things, Scott Shackelford, Janine Hiller, Christos Makridis, Iain Nash, Kathryn Kisska-Schulze, Hannibal Travis

Indiana Law Journal

Silicon Valley, and the U.S. tech sector more broadly, have changed the world in part by embracing a “move fast and break things” mentality popularized by Mark Zuckerberg. While it is true that the tech sector has attempted to break with such a reactive and flippant response to security concerns, including at Microsoft itself through its Security Development Lifecycle, cyberattacks continue at an alarming rate. As a result, there are growing calls from regulators around the world to change the risk equation. An example is the 2023 U.S. National Cybersecurity Strategy, which argues that “[w]e must hold the stewards of …

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 …

Design Patent Law's Three Little Words, Mark D. Janis

Indiana Law Journal

U.S. design patent law protects the visual characteristics of articles of manufacture. For many years, major manufacturers of athletic footwear have protected their visually iconic designs with design patents, fueling a global market valued at nearly $100 billion. Today, however, shoe design has arrived in the digital universe. Digital sneakers such as Gucci’s Virtual 25 and Nike’s “Our Force Ones” can be “worn” only in virtual worlds but have substantial real world economic value. Yet U.S. design patent law makes it difficult—some would say impossible—to protect those designs, on the ground that they do not satisfy the statutory requirement for …

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.

Roll For Lawsuit: Are Actual-Play Series Copyright Ingringers?, Mark Mehochko J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Dungeons and Dragons is a highly popular Tabletop Role-Playing Game designed by Gary Gygax and Dave Arneson in 1973. The game’s emphasis on narrative storytelling makes it an interesting subject for copyright analysis. When a group plays Dungeons and Dragons (D&D) for an audience, using copyrighted materials from Dungeons and Dragons’s publisher, Wizards of the Coast, there is an open question about whether the players infringe on Wizards of the Coast’s exclusive rights under § 106 of the Copyright Act of 1976. This issue is further complicated by Wizards of the Coast’s unique approach to licensing.

This Note examines how …

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 …

The Overstated Cost Of Ai Fairness In Criminal Justice, Ignacio Cofone, Warut Khern-Am-Nuai

Indiana Law Journal

The dominant critique of algorithmic fairness in AI decision-making, particularly in criminal justice, is that increasing fairness reduces the accuracy of predictions, thereby imposing a cost on society. This Article challenges that assumption by empirically analyzing the COMPAS algorithm, a widely used and widely discussed risk assessment tool in the U.S. criminal justice system.

This Article makes two contributions. First, it demonstrates that widely used AI models do more than replicate existing biases—they exacerbate them. Using causal inference methods, we show that racial bias is not only present in the COMPAS dataset but also worsened by AI models such as …

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.