Digital Commons Network^™

Flare Guns And Trauma: Patterns, Severity, And Clinical Implications From Case And National Surveillance Data, Ramsay Hafer, Andrew Huff, Lara Phillips

Department of Emergency Medicine Faculty Papers

Flare guns are pyrotechnic devices capable of causing serious injury due to high-temperature combustion and projectile discharge. Though intended for signaling in maritime or wilderness settings, improper use can result in trauma patterns distinct from those seen with typical burns or fireworks. Despite their severity, flare gun injuries remain underreported and poorly characterized. We conducted a scoping review of PubMed, Scopus, and Ovid to identify 12 case reports involving 13 patients, and reviewed US National Electronic Injury Surveillance System records from 2015 to 2024, identifying 18 flare gun-specific injuries for a combined total of 31 injuries. Demographic, injury mechanism, body …

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Publications

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

Cybersecurity Risk Shifting, Deborah R. Farringer

Vanderbilt Journal of Entertainment & Technology Law

The Change Healthcare cyberattack of 2024 paralyzed the health care system for months, creating an exceedingly far reaching and devastating impact on providers, suppliers, and patients across the country. While the scope of the attack was unprecedented, the cyberattack itself was not new, unique, or isolated. Indeed, this attack came just months after the close of a year in which the United States’ Department of Health and Human Services’ Office for Civil Rights (OCR) recorded the highest number of reported breaches of protected health information and the highest number of breached records. With a medical record fetching nearly four times …

The Privacy Law Jigsaw: Piecing Together Legal Compliance When Pieces Don’T Fit, Roy Wyman, Wesley Mcculloch

Vanderbilt Journal of Entertainment & Technology Law

Over the past six years the United States has shifted from a relatively stable and laissez-faire privacy regime, anchored by a few, sector-specific federal statutes such as the Health Insurance Portability and Accountability Act, to an increasingly fragmented landscape dominated by numerous state-level consumer privacy laws. While these laws share commonalities, they also vary in important ways. This Article analyzes that patchwork legal regime and its impact on businesses through four points of friction: (i) statutory applicability and thresholds; (ii) notice-and-choice requirements; (iii) individual data-management rights; and (iv) controller–processor contracting obligations. This Article further explores how modern service-delivery models, especially …

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

Faculty List

Journal of Dispute Resolution

No abstract provided.

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

Artificial Neural Network Model For Predicting Fatigue Endurance Limit Of Hot Mix Asphalt Using Uniaxial Tension–Compression Tests, Prashanta Kumar Acharjee, Mayzan Isied, Mena I. Souliman, Sameer Jung Karkl, Tanvir Ahmed, Gokhan Saygili

Civil Engineering Faculty Publications and Presentations

Fatigue is one of the major distresses occurring in asphalt concrete pavement. Repeated traffic loading causes escalated structural damage which results in the formation of cracks. There is a strain level below which the Hot Mix Asphalt goes under fatigue failure, and it is called endurance limit. In this study, a predictive model is developed to predict endurance limit strain values by using artificial neural network. Uniaxial tension-compression fatigue test results conducted under NCHRP Project 9–44 A were utilized in the model development process. An equation is also extracted from the model along which gives the exact values as the …

Perceptions Of Game-Based Assessments: The Role Of Test Takers' Occupational Background, Marie L. Ohlms, Klaus G. Melchers, Filip Lievens

Research Collection Lee Kong Chian School Of Business

Game-based assessments (GBAs) have become increasingly popular in personnel selection. However, research on perceptions of GBAs has yielded mixed results, highlighting the need to explore variables that may shape perceptions of GBAs. Therefore, we examined whether test takers' occupational background and other person-related characteristics (i.e., gender, age, video game usage, openness to experience) are associated with their perceptions of GBAs. N = 179 individuals from technical and social occupational backgrounds rated their perceptions of GBAs and non-gamified tests. We found that GBAs were generally rated more positively than non-gamified tests in terms of organizational attractiveness, behavioral intentions toward the organization, …

The Distinctiveness Effect: How Cross-Country Dissimilarities Influence Governance Decisions, Ilya Cuypers, Gokhan Ertug, Niels G. Noorderhaven, Korcan Kavusan

Research Collection Lee Kong Chian School Of Business

Transaction cost theory is one of the most commonly used theories to explain how firms govern their economic activities. In the context of cross-border collaborations, transaction cost theory proposes that dissimilarities between the partners’ home countries, which constitute a key source of behavioral uncertainty, affect how collaborations are governed (i.e. whether firms opt for equity joint ventures or non-equity alliances). Although many firms are likely to face more than one dimension of dissimilarity—for example, in terms language and religion, as well as culture—studies in transaction cost theory typically focus on how each source of dissimilarity impacts governance choices independently, in …

Specialization And The Permanence Of Federal Bankruptcy Law, Rafael I. Pardo

BYU Law Review

Traditional historical accounts posit that federal bankruptcy specialization in the United States first developed under the system established by the Bankruptcy Act of 1898. That view assumes that the structural and temporal conditions necessary to foster specialization did not exist under the nation’s earlier federal bankruptcy systems—those created by the Bankruptcy Acts of 1800, 1841, and 1867. This Article theorizes that federal bankruptcy specialization very likely occurred under the pre-1898 systems and marshals evidence to that effect, primarily focusing on the Bankruptcy Act of 1841 (the 1841 Act). That statute marked a critical turning point in federal bankruptcy law, shifting …

Assessing Juvenile Detention Capacity In Tennessee

Miscellaneous Reports

No abstract provided.

The Impact Of Targeted Professional Development On Principals’ Instructional Leadership And The Cultivation Of Positive School Culture, Anastasia M. Opahle

Dissertations

Effective principal leadership is the cornerstone of effective schools, as it has been shown to increase student success. In the State of Wisconsin, there is currently no requirement for ongoing professional development for principals. This study examined the impact of professional development targeted at principal leadership on student achievement and school culture. Using a mixed methods approach, results showed principals who participated in a yearlong principal cohort indicated their leadership skills improved. The qualitative data showed the participating principals believed the targeted professional development was collaborative, reflective, relevant, and actionable. This research indicates that sustained, targeted professional development is crucial …

Publicity Rights After Warhol, Mark Bartholomew

Journal Articles

Andy Warhol has been proclaimed the most important artist of the twentieth century, but his influence extends farther than the art world. Given his renown, judges have cited his work, including his reworkings of celebrity photographs, as quintessentially protected expression. But this may be changing with the Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith, which curtails the ability of creators to claim “transformative” fair use when they borrow aspects of a copyrighted work for commercial purposes. Moving beyond the decision’s copyright implications, this Article explores its potential ripple effect on publicity rights law. Although publicity rights …

Human Atrial Skinned Muscle Fibers Exhibit Reduced Length-Dependent Activation But Show Faster Force Development Kinetics Than Ventricular Muscle, Alexandre Lewalle, Gregory Milburn, Jania Bell, Kenneth S. Campbell, Steven A. Niederer

Physiology Faculty Publications

In humans, the left atria (LA) and the left ventricle (LV) play distinct physiological roles and express sarcomeric proteins with chamber-specific patterns. Despite these important differences, most multi-chamber descriptions of the heart assume uniform myocardial properties. To facilitate a more accurate representation of cardiac function, we measured and compared the contractile properties of isolated skinned human LA and LV muscle fibers at 37 °C. Our experimental measurements included the length-dependent activation (LDA) of force in the isometric steady state, the force response to small quick length changes, and tension redevelopment dynamics. The LV measurements display more pronounced LDA behavior compared …

The Feelit System: Application Content-Aware Perspectives And Challenges On Understanding User Likes In Social Network Posts, Konstantinos Theocharidis, Hady W. Lauw, Panagiotis Karras

Research Collection School Of Computing and Information Systems

In a series of our prior works, we study influence and subscription maximization problems in social networks that are based on posts having influential content; as content we consider a set of features where each feature corresponds to a specific social network page, whereas influence and subscription relate to gaining the postlike and subscription-to-brand page of targeted users, respectively; subscription is conceptually achieved as repetitive influence on users. So, both influence and subscription depend on content that gains the likes of users; however, to be realistic, modeling and estimating such likes is a complex problem that has not been adequately …

Dynamic Spatial Panel Data Models With Interactive Fixed Effects: M-Estimation And Inference Under Fixed Or Relatively Small T, Liyao Li, Ke Miao, Zhenlin Yang

Research Collection School Of Economics

We propose an M-estimation method for dynamic spatial panel data models with interactive fixed effects based on (relatively) short panels. Unbiased estimating functions are constructed by adjusting the concentrated conditional quasi scores, given the initial values and with the factor loadings being concentrated out, to account for the effects of conditioning and concentration. Solving the estimating equations gives the M-estimators of the common parameters and common factors. Under fixed T, n-consistency and joint asymptotic normality of the M-estimators are established. Under T = o(n), the M-estimators of the common parameters are shown to be nT-consistent and asymptotically normal. For inference, …

Molding The Mosaic: Progressive Coalition Formation In The 2021 New York City Council Elections, Sam Goodson

Dissertations, Theses, and Capstone Projects

The 2021 New York City Council primaries marked a decisive breakthrough for the city’s progressive left. A cohort of democratic-socialist and socialist-adjacent candidates won office across multiple boroughs, dramatically expanding the size and influence of the left flank of the council. This dissertation analyzes those victories and argues that they constituted a hinge moment in the construction of a progressive governing regime in New York City, with implications that extend beyond New York City politics to the study of social- democratic party families more broadly. Drawing on electoral returns, demographic data, campaign materials, and elite interviews, the project demonstrates that …

Effectiveness Of Dialectical-Behavioral Intervention On Emotional Regulation Difficulties, Distress Tolerance, And Social Functioning Among Patients With Bipolar Disorder: Randomized Controlled Trial, Nashwa Ibrahim

Nursing

Aim

To determine the effect of implementing dialectical behavior therapy (DBT) skills training groups on emotional regulation difficulties, distress tolerance, and social functioning among patients with bipolar disorder (BD).

Methods

A randomized controlled trial was conducted with 120 patients diagnosed with BD who were attending follow-up at the outpatient clinic. Participants were randomly assigned to either the experimental group, which received 16 group psychoeducation sessions held twice weekly, or the control group, which received standard outpatient care. Analysis of variance (ANOVA) with repeated measures was applied to compare normally distributed quantitative variables across more than two time points or stages, …

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

William & Mary Law Review

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Skrmetti And The Problem Of Incidental Intent, Martin Katz

William & Mary Law Review

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

The Undue Degradation Of "Undue Degradation": How Loper Bright Threatens To Weaken Environmental Protections For Domestic Lithium Operations, Griffin M. Krawitz

William & Mary Law Review

On October 24, 2024, the Bureau of Land Management (BLM) approved the Rhyolite Ridge Lithium-Boron Project, a seven-thousand- acre mining operation in the middle of the Nevada desert. Denoted as the “first domestic lithium project to get full regulatory approval under the Biden Administration,” the new mine is projected to supply enough batteries to power roughly 370,000 electric vehicles (EVs) every year for the next twenty-three years. Despite concern that the mine parallels and threatens the habitat for the Tiehm’s buckwheat (the only known habitat containing the critically endangered and culturally significant flower), the BLM has been adamant that its …

College Athlete Revenue Sharing And Nil: Financial Considerations And Implications, Julie Staples, Keith Lowe

Research, Publications & Creative Work

Student athletes have not historically been recipients of cash-based compensation while simultaneously participating in collegiate sports.  Alternatively, these respective athletes have received academic “in-kind” or “non-cash” funding in the form of scholarships.  While these aforementioned scholarships often vary by individual sport and institution, they often include several of the following classifications: tuition, housing, meal plans, textbooks, and related supplies/expenses (Brown, 2019).  Until recently, student athletes have not been allowed to seek external revenue aside of their scholarship as a condition of maintaining their “amateur status” as regulated by the National Collegiate Athletics Association (NCAA), the governing body of collegiate sports …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

I Wear The Past In The Cold, Cecilia Knaub

Dissertations, Theses, and Capstone Projects

“I wear the past in the cold” is a multi-modal archival project exploring themes of intergenerational memory and postmemory. A hand-knit sweater acts as an archive, encoded with metadata about a collection of newspaper articles written by my late father, as well as affectual elements of memory and grief. The accompanying website provides additional detail into the project and design choices. The piece builds on work from memory studies, craft studies, digital humanities, and critical data studies to create a tangible and personal archival object. By accepting the invitation from the #DHMakes movement (Visconti, Dombrowski, and Berger 2020) to embrace …

The Radical Political Possibilities Of Asexuality And Aromanticism, Kirty Singh

Dissertations, Theses, and Capstone Projects

This study explores the radical political potential of Asexuality and Aromanticism within queer theory, emphasizing their roles in destabilizing normative constructs of sexuality and romantic relationships. Employing mixed methods, including literature review, digital ethnography of online communities, and analysis of graphic narratives, the research examines how these identities challenge systemic systems such as compulsory sexuality, amatonormativity, and racialized discourses. Findings reveal that Asexual and Aromantic communities utilize flexible definitions and taxonomies to assert their identities, disrupt hegemonic gender and sexual norms, and foster coalitional politics that advocate for systemic change. The study underscores the importance of recognizing Asexuality and Aromanticism …

Build, Freeze, Expedite, Renew: Messages On Housing In The 2025 New York City Mayoral Campaign, Elizabeth A. Foley

Dissertations, Theses, and Capstone Projects

Polls of likely voters prior to New York City’s 2025 mayoral race suggested that proposing a persuasive solution to the city’s housing crisis was likely to be critical to the building of a winning electoral coalition. And an important factor in voters’ reception of each candidate’s housing proposals would be the role that housing developers are perceived to play in those solutions. Developers, who are widely regarded as unscrupulous profiteers in a local housing landscape where the deck is always already stacked against the renter or home buyer, figure (accurately or not) as the chief villain in the story many …

Cartels As Foreign Terrorist Organizations? How Mexican Americans Think About U.S. Security Policy, Jesus J. Garcia-Gomez

Dissertations, Theses, and Capstone Projects

This thesis examines the political, social, and security implications of the U.S. government’s designation of cartels as Foreign Terrorist Organizations (FTOs), with a particular focus on its effects on U.S.–Mexico relations and Mexican American communities. While existing research has extensively analyzed counterterrorism and cartels, there is still an open debate regarding the justification to designating cartels as FTOs. Additionally, there is a gap in the scholarship focus on Mexican American communities’ opinion. This study addresses both gaps by analyzing how terrorism labels reshape security cooperation, legal authorities, and public perceptions of cartels, violence, and drug addiction in Mexico and the …

Reimagining Safety And Justice: Experiences Of And Resistance To Police Sexual Violence In New York City, Priscilla Bustamante

Dissertations, Theses, and Capstone Projects

In the era following both Black Lives Matter and #MeToo, police sexual violence (PSV) currently constitutes the second most commonly reported police complaint after excessive force. Police across the U.S. are caught for some form of sexual misconduct once every five days, with on-duty officers found to commit sexual assaults at more than double the rate of the general population. The gendered and racialized perpetration of sexual violence extends far beyond policing; however, it has been intensified within the masculine, militarized carceral structures designed to legally control and punish.

Accordingly, this dissertation utilizes an interdisciplinary, multi-method approach to offer what …