Digital Commons Network^™

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. …

Capfish Project Report : Summer Academy For The Pacific Islands, Kathleen Auld, Francis Neat, Raphaël Baumler

Reports

The CAPFISH Project was created in response to an identified need for capacity-building to address illegal, unreported and unregulated (IUU) fishing and related matters - a complex problem affecting aquatic ecosystems, coastal communities, fishers and fish workers, and economic and national security. Over the last four years, the CAPFISH Project has provided training and educational materials on IUU fishing to developing country administrations around the world, most recently with a two-week regional Summer Academy for the Pacific Islands. This Academy ran for two weeks and included delegates from fisheries, labour, safety, maritime, foreign affairs, and enforcement administrations in the Pacific …

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.

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 …

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 …

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 …

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.

The Incubus: Bourgeois Social Control And The White Racial Identity Theodore W. Allen’S Ontological Critique And Epistemological Breakthrough 1965-1975, Sean I. Ahern

Dissertations, Theses, and Capstone Projects

Theodore W. Allen (1919-2004) was a proletarian autodidact, former coal miner, and member of the Communist Party from 1939-1958. Deeply influenced by the Civil Rights and Black Liberation Movements and his reading of W. E. B. Du Bois’s Black Reconstruction in the early 1960s, Allen developed a critique of what he termed the “White Blindspot” in the eyes of most U. S. labor historians who had omitted the Black chattel laborers from the proletariat. This omission on the part of both Marxist and non-Marxists constituted, in Allen’s view, the original sin of U. S. labor historiography, which had inadvertently inhibited …

When Avatars Go To School: The Effect Of Virtual Reality On Learning And Error Correction, Lauren Barack

Dissertations, Theses, and Capstone Projects

The pandemic in 2020 led to an increasing dependency on technology particularly in learning environments. National educational assessments in the proceeding years have indicated steep, measurable learning loss. While a fully virtual learning environment is not the norm today, we chose to investigate how virtual reality (VR) environments influence learning in college students.

Our primary research goal was to look at how students learn and remember information gathered in virtual spaces. In particular, we examined whether sensory inputs in the VR environment, including spatial audio and haptic feedback, such as vibrations felt in a handheld controller, would help to better …

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 …

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 …