Digital Commons Network^™

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton

The Business, Entrepreneurship & Tax Law Review

The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …

Some Things Are Actually Nails: The Value Of Randomized Experiments Across Legal Theories, Hajin Kim, Kevin Tobia, Kristen Underhill

University of Chicago Law Review

Experiments sometimes get a bad rap. Critics allege that they don’t illuminate how the real world works, are subject to p-hacking and manipulation, and often don’t study the most important populations of interest. We examine historical uses of experiments to generate knowledge for legal academia. Recently, experiments have become associated with law and economics as part of a broader coupling of quantitative empirical work with law and economics. But experimentation is a highly adaptable, if imperfect, research method that can support causal claims and test assumptions that are useful across many legal theories, including law and political economy. We discuss …

The 'Golden Hour': A Geospatial Analysis Of Travel Time To Public Emergency Departments In Kenya, Tushara Surapaneni, Nancy Kinyua, Benjamin Wachira

Emergency Medicine, East Africa

Introduction In Kenya and many other low- and middle-income countries, prehospital care systems are underdeveloped or entirely non-existent, leaving emergency departments (EDs) as the primary point of care for medical emergencies. The aim of this cross-sectional observational study was to use a geographic information system (GIS) to comprehensively analyse access to public EDs in Kenya within 1-hour and 2-hour travel times.

Methods Using open-source GIS software, population, land cover, elevation and road network data were analysed to create maps of 1-hour and 2-hour travel time catchment areas around public EDs in Kenya. Travel time analysis was calculated using AccessMod with …

Alfred Russel Wallace Notes 39. What About Wallace's 'Agnosticism'...?, Charles H. Smith

Faculty/Staff Personal Papers

Alfred Russel Wallace (1823−1913) seems to have distinguished his earlier years of agnosticism from his later period as a spiritualist, but a closer look at the situation suggests he actually remained an agnostic all the way through to the end of his life. The confusion is occasioned by a lack of terminology that can be applied to his position, which most closely resembles a Spinozian manner of thinking.

The Road To The Abraham Accords: An Examination Of The Uae’S Role Transformation (2011-2020), Farida Elatriss, Moatamer Amin

Political Science

The normalization agreement signed between Israel and the United Arab Emirates (UAE) on the 15th of September 2020, signals a breakthrough in state relations. It transitioned Emirati Israeli relations from clandestine business collaborations directly to people-to-people normalization without prior cold peace agreements (Lemay-Hebert & Visoka, 2022, p. 133). It is noteworthy that this abrupt change in the UAE’s stance towards Israel takes place as part of a broader change that occurred in the Emirati foreign policy following the Arab Spring in 2011. The state started adopting a more interventionist foreign policy and a more active regional role (Ragab, 2017, p. …

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

Economics Or Populism? The Battle For The Future Of Antitrust, Erik Hovenkamp

University of Chicago Law Review

Mainstream antitrust policy is grounded in economics and views the protection of competition as antitrust’s singular goal. But the populist “antimonopoly movement” believes that antitrust should focus less on economic issues and more on the political influence of large firms. While the courts have long embraced the economic approach to antitrust, antimonopolists have recently gained some support in politics. This battle of ideas is therefore poised to determine the future of antitrust.

Antitrust law currently suffers from a number of problems, but the antimonopoly movement does not offer serious solutions. On the contrary, by deemphasizing tangible economic harms in favor …

The Lpe Critique Of Law And Economics, Sarath Sanga

University of Chicago Law Review

No abstract provided.

Living Under Contract: An Lpe Analysis Of American Democracy, Amy J. Cohen, Ilana Gershon

University of Chicago Law Review

Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements likely to endure only insofar as they serve his (or putatively national) interests? Two political economy studies of U.S. workplaces and firms, one ethnographic and one historical, can begin to shed light. Ilana Gershon’s ethnography explores how people’s everyday legal and political consciousness is formed through their experiences of regulatory decision-making in a contract filled workplace. Sociologist Melinda Cooper’s historical account reveals how a turn to viewing corporations as a conglomeration of individual contracts paved the way for a veneration of autocratic rule. In …

The Law And Political Economy Movement’S Crime Agenda Hurts Black People, Jonathan Klick

University of Chicago Law Review

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, there are reasons to believe that decarceration would not be costless for the Black community.

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Michigan Law Review

In the late nineteenth century, the Department of the Interior created the Courts of Indian Offenses with the express goal of eliminating elements of Native culture through the coercive power of criminal law. The courts stood on dubious constitutional grounds, were almost universally replaced by tribal courts in the twentieth century, and have been widely derided as crude assimilationist tools.

This Article examines the Courts of Indian Offenses to study how law and legal institutions operate as sites of colonial struggle. The Courts of Indian Offenses were formally created to criminalize Native culture. In practice, they were more complicated. Native …

Claude Humphrey: A Biography, Candace Joy Lewis

Tennessee State University Notable Alumni

No abstract provided.

The Cleveland Foundation: Greater Circle Living Evaluation, Molly Schnoke, Kristen A. Blazek, René-Simone Martin

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

South Carolina Middle School Student Performance In Ela And Mathematics: The Imperative Of Assessment For Learning, Olivia S. Ochoo

South Carolina Association for Middle Level Education Journal

Despite broad access to middle school in South Carolina, recent SCReady assessment data indicate persistent literacy and numeracy achievement gaps, with so many students performing below grade level in English Language Arts (ELA) and mathematics. This article evaluated five years of state- and district-level data, highlighting steady but small gains, and explored how current assessment practices failed to fully inform instruction to accelerate learning. This paper used a mixed-methods research design, particularly a convergent parallel mixed-methods design, in which both qualitative and quantitative approaches were used to collect and analyze data. To be specific, document analysis and both open- and …

Automated Machine Learning For High-Resolution Daily And Hourly Methane Emission Mapping For Rice Paddies Over South Korea: Integrating Modis, Era5-Land, And Soil Data, Jiah Jang, Seung Hee Kim, Menas Kafatos, Jaeil Cho, Gayoung Yoo, Sujong Jeong, Yangwon Lee

Institute for ECHO Articles and Research

Agriculture is a major global source of methane (CH4), and accurate emission estimates are essential for refining national greenhouse gas inventories and supporting climate-resilient policies. This study develops a high-resolution estimation framework for CH4 emissions from Korean rice paddies by integrating multi-source datasets, including Moderate Resolution Imaging Spectroradiometer (MODIS) vegetation indices, European Centre for Medium-Range Weather Forecasts (ECMWF) Reanalysis Version 5 (ERA5)-Land meteorological variables, and Harmonized World Soil Database (HWSD) soil properties. Using CH4 flux observations from four global rice ecosystems (Italy, Japan, South Korea, and USA), we constructed parallel daily and hourly machine learning models using an automated machine …

Transforming Law, Contesting Exclusion, Shaping Inclusion, Nancy Levit, Judith Resnik, Laura Rothstein

UMKC Law Review

Introduction to the symposium issue, Transforming Law, Contesting Exclusion, Shaping Inclusion.

Inclusivity In Corporate Scholarship, Afra Afsharipour, Naomi Cahn, June R. Carbone, Darren Rosenblum

UMKC Law Review

For the past two decades, a growing number of women, people of color, and LGBTQ+ scholars have reshaped corporate law scholarship. This Essay explores how their contributions have challenged dominant narratives in corporate law. While these contributions span a wide range of issues, three central themes emerge. First, much of this scholarship contributes to long-standing debates in corporate law by critically examining existing governance structures and introducing new perspectives that challenge conventional views on corporate purpose, power, and value. Second, and strongly connected to the first theme, women and queer scholars have led inquiries into Environmental, Social, and Governance (ESG) …

Weaponized Bureaucracy At The Criminal Immigration Divide, Dorien Ediger-Seto

Washington Law Review

Despite deportation being entrenched as a civil consequence rather than a punishment over 100 years ago, today’s immigration enforcement and deportation scheme relies heavily on state-level criminal arrests, convictions, and data sharing systems. And immigration-based crimes have accounted for between twenty-five and fifty percent of all federal criminal charges over the past decade. But the fact that the systems are bureaucratically and doctrinally separate from each other has practical impacts that go beyond these formalized intersections. Not only do federal law enforcement actors often have dual mandates to investigate and prosecute federal crimes alongside related civil removal cases, but criminal …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Reason Enough: The Wrongful Extension Of Asylum’S “One Central Reason” Nexus Standard To Withholding Of Removal, Elaine Hernandez Flores

Washington Law Review

Noncitizens often come to the United States seeking protection from violence, persecution, or life-threatening conditions in their home countries. However, upon arrival, many noncitizens are placed in removal proceedings and face deportation back to the very dangers they escaped. U.S. immigration law provides various forms of relief from deportation, most notably asylum and withholding of removal. Both forms require the applicant to show a connection—or “nexus”—between the persecutor’s motive for persecuting them and one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Although asylum and withholding of removal both require a noncitizen …

Quantum Safe Encryption (Qse) Within The Internet Of Medical Things (Iomt) Environment Using Zero Trust Architecture (Zta), Michael Grant Williams

Dissertations

This research will use a Design Science Research (DSR) methodology and show that the results would be feasible, since there will not be any actual validating or testing occurring within or on this research project because this model is a theoretical model. In addition, this proposed theoretical model is based on extensive use of NIST standards and frameworks. This theoretical model will focused on the use of Quantum-Safe Encryption (QSE) within the Vivalink Electrocardiogram (ECG) Patch Monitor Internet of Medical Things (IoMT) device in a Zero Trust Architecture (ZTA). The advancement of quantum computing (QC) is expected to …

Digital Maker Education In Project-Based Learning Through Design For English As A Second Language Skills Development, Pratima Rani Banick

Journal of Research Initiatives

This study investigated the effectiveness of integrating a Maker Education (ME) approach within the PLT design, assisted by Computer-Mediated Tools (CMT), in enhancing the reading skills of Grade 10 ESL learners (aged 15–16) in an online ELT setting. Motivated by the growing need to foster creative and critical thinking and to address learners' lack of interest in traditional approaches to teaching academic reading, the study adopts an experimental design. Students were divided into two groups—a control group (n = 10) and an experimental group (n = 10)—using random sampling. The control group received instruction using the conventional teaching approach, while …

Women’S Agency And Pleasure (Wap): Toward A Black Feminist Theory Of Sexuality, Jelisa S. Clark, Erica Campbell

Journal of Research Initiatives

Black feminist theory has identified sexuality as a site of oppression for Black women, however, there has been limited attention to Black women’s pleasure. We suggest that WAP by Cardi B and Meg the Stallion provides a conceptual lens through which Black women's sexuality can be more humanely envisioned. WAP, in the tradition established by Black women in the blues, represents Black feminist theorizing about sexuality. Themes of Cultivating Community and Developing Voice through Self-Definition are central to discussions of Black women's pleasure. In this work, we bridge academic theorizing and Black women's cultural productions to reinvigorate Black feminist theorizing …

Marketing In Public Education: Proven Strategies And Common Implementation Barriers, Tanya Larkin, Neil Faulk, Clementine Msengi, Brett C. Welch, Thomas Harvey

Journal of Research Initiatives

This study investigated public-school superintendents' perceptions of the challenges and issues associated with implementing strategic marketing plans in the state of Texas. Guided interviews were conducted to determine the role of strategic marketing along with strategies and outcomes experienced because of past marketing efforts in Texas schools. Results indicated that school superintendents wanted and needed to know considerably more about strategic marketing in public schools. Superintendents also expressed strong desires to participate in and engage with marketing behaviors that were increasingly perceived as critical for communication and for maintaining and growing respective school districts. The study also identified strategies to …

Quality Of Human-Genai Collaboration And Its Driving Factors: A Symbiotic Agency Perspective, Jiayu Shang, Dan Huang, Songshan (Sam) Huang

Research outputs 2022 to 2026

Generative AI (GenAI) is increasingly integrated into users’ daily work as a collaborative partner. Drawing on the symbiotic agency theory, this study investigates the quality of human-GenAI collaboration using a mixed-methods approach, including qualitative interviews and quantitative surveys. Study 1 identified three dimensions of human-GenAI collaboration quality that comprise outcome quality, comfort, and efficiency; and six driving factors which can be categorized under human agency (domain knowledge, desire for control, and domestication ability), and GenAI agency (communication ability, working memory, and long-term memory). Study 2 applied fuzzy-set qualitative comparative analysis (fsQCA) to explore configurations of the driving factors that lead …