Digital Commons Network^™

Police Reform As System Justification, Shawn E. Fields

Faculty Scholarship

System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify and maintain existing social and political systems even when those systems disadvantage them, because the predictability of the status quo provides palliative, epistemic, and existential comfort in what otherwise appears to be an unjust and inequitable societal structure. Contrary to “false consciousness” theories, SJT claims that disadvantaged groups may intentionally rationalize what they know to be an unfair status quo, because doing so reduces social anxiety and threat while providing much desired order and meaning …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Faculty Scholarship

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Rewards That Resonate- How Incentivized Online Reviews Shape Customer Loyalty And Review Outcomes, Sameeha Khizindar

Marketing Dissertations

In today’s competitive marketplace, online reviews have become a central feature of consumer decision-making and business strategy. Research consistently documents that online reviews have a positive impact on outcomes such as review volume and product sales, underscoring their critical role in shaping firm performance. However, the majority of consumers do not voluntarily write reviews, posing a challenge for companies that rely on user-generated content. To address this issue, companies often offer incentives to motivate customers to write reviews. Despite their widespread use, research on their impact remains limited. This dissertation is comprised of two essays that examine the impact of …

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Originalism As Disruption, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

This Article challenges the conventional understanding of originalism as a method that promotes unchanging constitutional meanings. Drawing on four and a half decades of experience since Attorney General Edwin Meese first championed originalism as a conservative project, this Article demonstrates that originalism has generally proven destabilizing rather than stabilizing to constitutional law. Landmark cases such as New York State Rifle & Pistol Association v. Bruen, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and Shelby County v. Holder show that the Supreme Court frequently deploys originalism when it seeks to upend settled constitutional doctrine, contradicting claims …

Changepoint Analyses Confirms Global Tropical Cyclone Frequency Decline, Michael Wehner, Thomas Fisher, Norou Diawara, Robert Lund

Mathematics & Statistics Faculty Publications

Changes in tropical cyclone frequencies as the climate warms is a topic of significant current debate [1, 2]. There is no accepted theory of how tropical cyclogenesis might respond to a warmer ocean-atmosphere system as multiple controlling factors exist [3–7]. Anthropogenic warming of surface ocean temperatures due to increased greenhouse gas concentrations [8] increases the potential for tropical cyclogenesis [9–11]; however, realized cyclogenesis also requires an initial local disturbance [12–16] to develop. Most multi-decadal tropical cyclone permitting climate models (i.e. resolutions of 15-50km) exhibit frequency decreases in warmer climates, despite the increase in tropical cyclogenesis potential [17–25]. In this paper, …

An Optimization-Driven Approach For Accurate Prediction Of Diabetes Mellitus, H El Bouhissi, Sb Xu, John H Wang

Department of Information Management and Business Analytics Faculty Scholarship and Creative Works

Diabetes mellitus is a progressive metabolic disorder requiring timely identification to prevent severe complications and reduce healthcare burdens. This paper proposes an optimization-driven deep learning framework for accurate diabetes prediction, integrating Long Short-Term Memory selection and hyperparameter tuning. The framework is conceptualized as a decision-support system embedded within electronic health records and clinical workflows, supporting physicians, nurses, case workflow integration, governance, and privacy-are addressed to ensure alignment with real-world organizational contexts. The results demonstrate both technical feasibility and practical relevance, linking predictive analytics capability with human-AI collaboration, adoption factors, and operational decision-making in healthcare organizations.

Investigation Of Genx Exposure To Pathways Associated With Colorectal Cancer Risk, Emily J. Ferguson

Theses and Dissertations--Toxicology and Cancer Biology

Per- and polyfluoroalkyl substances (PFAS) are persistent environmental contaminants widely detected in drinking water and food sources, resulting in chronic human exposure. Among these compounds, hexafluoropropylene oxide dimer acid (HFPO-DA), commonly known as GenX, has been introduced as a short-chain replacement for legacy PFAS such as perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Although GenX is believed to be a safer alternative, emerging research suggests it can still affect human health.

Colorectal cancer (CRC) is the third most commonly diagnosed cancer and the second leading cause of cancer-related death in the United States, highlighting the need to better understand environmental …

Uncovering The Mechanism Of Reep2-Mediated Emt-Driven Membrane Trafficking In Lung Adenocarcinoma, Kevin Fulp

Theses and Dissertations--Toxicology and Cancer Biology

Membrane trafficking is frequently disrupted during cancer progression, and the underlying mechanisms remain largely unknown. Currently, no effective drugs target dysregulated membrane trafficking for cancer treatment. Recent evidence has demonstrated that epithelial-to-mesenchymal transition (EMT) in lung adenocarcinoma (LUAD) employs a membrane trafficking program to coordinate cancer cell invasion and immunosuppression. To further dissect the pro-tumorigenic membrane trafficking program, we initiated an in vivo CRISPRi screen to assess more than 2,000 membrane trafficking-related genes in a syngeneic mouse LUAD model. We identified REEP2, an endoplasmic reticulum (ER) shaping protein, as a novel regulator of EMT-driven membrane trafficking. High REEP2 expression is …

Reep2-Driven Pro-Metastatic Secretion Promotes Lung Cancer Progression, Oluwafunminiyi E. Obaleye

Theses and Dissertations--Toxicology and Cancer Biology

Membrane trafficking plays a critical role in cellular function and is frequently dysregulated in cancer to promote metastasis. In lung adenocarcinoma (LUAD), the epithelial-to-mesenchymal transition (EMT) activating transcription factor, ZEB1, drives a pro-metastatic membrane trafficking program; however, the underlying molecular mechanisms remain poorly understood. Using a CRISPR interference (CRISPRi) in vivo screen of 2,099 membrane trafficking regulators in a syngeneic mouse model of EMT-driven LUAD, we identified REEP2 — an endoplasmic reticulum (ER) shaping protein — as a critical regulator of tumor progression. REEP2 mRNA expression correlates with poor prognosis, EMT signatures, and an immunosuppressive tumor microenvironment in LUAD patients. …

Religion Recovers Its History: The Court Puts The Establishment Clause On A New Path, Patrick M. Garry

Missouri Law Review

For over a half-century, the First Amendment Establishment Clause jurisprudence was in disarray. Judicial decisions more often stemmed from social and cultural presumptions than from constitutional history. For years, if not decades, Supreme Court observers waited for a clarifying opinion on this troubled area of First Amendment law. In a 2022 decision upholding a football coach’s right to silently pray at mid-field after a game, the Court issued a momentous decision that not only overruled much of previous Establishment Clause jurisprudence but also suggested a new path forward. Given the Court’s desire to base future doctrines on the historical meaning …

Deepseek And The First Amendment: Assessing The Eighth Circuit And Missouri’S Legal Impact On Open-Source Ai, Alvin Hoi-Chun Hung

Missouri Law Review

The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine autonomy. This Article examines the constitutional and regulatory implications of compelled disclosures and content filtering, situating the analysis within the precedent of the Eighth Circuit Court of Appeals and recent actions by the Missouri Attorney General targeting algorithmic opacity under consumer protection law. It further examines the limitations of Section 230 of the Communications Decency Act in addressing liability for autonomous …

Faculty List

Missouri Law Review

No abstract provided.

No Thanks, Just Looking: A Post-Transunion Analysis Of Session-Replay Surveillance And Historical Privacy Harms, Maggie N. Munsterman

Missouri Law Review

The constitutional doctrine of standing serves as a gateway to the federal courthouse, filtering out claims that lack a personal, concrete stake in the outcome. In privacy litigation, the alleged injuries may feel deeply personal but are often intangible and statutory. Amidst this tension, the injury-in-fact requirement of Article III has proven particularly thorny. The Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez set forth a framework requiring a “concrete” injury that bears a “close relationship” to harms traditionally recognized in American law. Yet, lower courts’ interpretation of this mandate varies considerably, especially in the …

The Price Is Right . . . Or Is It?: Thirteen Factors In Evaluating The Antitrust Implications Of Competitors’ Common Use Of Pricing Algorithms, Caleb M. Ross

Missouri Law Review

Imagine a ridesharing application that uses an algorithm to calculate and suggest the fares their drivers can set. If each driver in the area sets their fares at the algorithm’s suggested price, have they done so because there’s an illicit agreement to set artificially high prices? Or have they done so because it makes the most business sense for each of them to follow the algorithm’s recommendation? It is a basic tenet of antitrust law that it is illegal for competitors to agree on what prices to charge for their similar goods. This is commonly referred to as price fixing. …

Authorship Nonsense, Jessica Litman

Articles

Copyright law’s primary device for promoting progress is to bestow rights on the authors of works. Rights vest automatically and last for a very long time. Authors’ choices to retain, license, or transfer those rights fuel opportunities to communicate the works to their audiences. The copyright system’s mechanisms for determining who authored works (and therefore automatically obtained copyright rights) should be both accurate and reliable, since misidentifications will undermine the law’s working as intended.

This article examines authors’ creation of works and copyright law’s handling of authorship disputes. Many works result from creative collaboration. Although the copyright statute incorporates mechanisms …

States As Gatekeepers In Global Governance, Kristina Daugirdas

Articles

Over the last several decades, private actors—corporations, philanthropic foundations, and non-governmental organizations—have increasingly contributed to the development and implementation of public international law. In some cases, private actors are developing standards that serve as substitutes for public regulation. In other cases, private actors have been “invited in” to public international organizations as funders, accredited observers and consultants, and even representatives of member states. According to one estimate, 56 percent of international organizations offered some form of access to private actors in 1990; two decades later, more than 90 percent did.

What we are witnessing, in other words, is the growing …

The Impact Of Rurality On Durable Medical Equipment Access And Discharge Planning For Tracheostomy And Ventilation Care In Nebraska, Karissa Nichols, Kayley Anderson, Morgan Bintner, Teresa Rodriguez, Jana L. Wardian, Jayme Dowdall

Journal Articles: Hospital Medicine

OBJECTIVES: Recognize how rurality impacts safe discharge planning and home management for complex airway patients. This study explores the distribution of durable medical equipment (DME) companies for patients with tracheostomies and/or ventilators, aiming to identify patterns in service access statewide.

METHODS: Key informant phone surveys assessed active DME companies statewide. DME companies were identified through hospital referral lists, discharge directories, and online searches. Data collected included service radius, respiratory supplies, and ventilation types. Geographic information system (GIS) mapping visualized coverage. Rural-urban status was classified using rural-urban commuting area (RUCA) codes.

RESULTS: Of 16 companies identified, 6 were closed, leaving 50 …

Keynote: Addressing American Wealth Inequality, Martha F. Davis

Western New England Law Review

As federal constitutional protections constrict and the Supreme Court sends critical issues back to the states, state constitutions offer vital tools for addressing wealth inequality. This article demonstrates how state constitutions—particularly the Massachusetts constitution—can serve as mechanisms for economic justice by examining three distinct pathways. First, it analyzes the Massachusetts Fair Share Amendment, showing how citizens can directly amend state constitutions to implement progressive taxation, generating revenue for education and transportation while redistributing wealth. Second, it explores underenforced constitutional provisions such as the state’s education clause, which establishes a mandatory duty to provide adequate and equitable schooling yet remains subject …

Public Schools: The Battleground Between Church And State, Brian Boggs

Western New England Law Review

Over the course of the last 50 years, specific jurisprudence has been developed relating to First Amendment rights in schools. Specifically, there have been several cases that set rules for religious freedoms and practices in schools—a  trinity of rights made up of the Establishment Clause, Free Exercise Clause, and Free Speech Clause—that form a framework to guide jurists and educational practitioners. However, the U.S. Supreme Court has drastically changed their course over the last several years, and the standards of review related to these cases. This trend is likely to continue. This paper provides a historical overview of the development …

Counterman V. Colorado: Is Recklessness An Emerging Threat To Hate Speech Impunity?, Jason Zenor

Western New England Law Review

Many people believe that the First Amendment provides too much protection for harmful speech, as the legal system struggles to balance these free speech protections with the harms amplified by the digital era. In cases involving online threats, the U.S. Supreme Court’s true threats doctrine made prosecution difficult, as the government had to show beyond a reasonable doubt that the speaker intended to threaten a specific target. Then, in 2023, the U.S. Supreme Court lowered the constitutional bar for true threats. The Court held that the government only had to show that the speaker was reckless and understood that the …

Shot Caller: The Weight Of The United States Sentencing Guidelines, Max Birmingham

Western New England Law Review

The Federal Sentencing Guidelines have drawn ire, from attorneys to judges to scholars to commentators. The concern below is the deference afforded by courts to the United States Sentencing Commission, which consists of unelected officials. In United States v. Lewis, the First Circuit discerned that the Sentencing Commission is under the umbrella of the Judicial Branch. In turn, some judges are relinquishing their interpretive authority to the Sentencing Commission. Because they are viewed as part of the fabric of the judiciary, jurists may have a proclivity for adopting wholesale the Sentencing Commission’s ideas.

The Sentencing Commission has opined—i.e., “commentary”—that “conspiracy” …

Justice David Souter And His Care For First Amendment Freedoms, David L. Hudson Jr.

Western New England Law Review

Justice David Souter left a remarkable legacy during his time on the U.S. Supreme Court. Nowhere was this more evident than in his sensitivity and solicitude for First Amendment freedoms. This essay examines Justice Souter’s First Amendment legacy primarily through his jurisprudence in three areas: (1) the secondary effects doctrine; (2) public employee free-speech cases; and (3) Establishment Clause opinions.

Puberty Blockers And Classifications On The Basis Of Sex, Mark Strasser

Western New England Law Review

For the last half-century, the Court has recognized that discrimination on the basis of sex triggers equal protection guarantees. Those guarantees impose a heavy–but by no means insurmountable–burden on the State to justify its use of sex-based classifications. Recently, in United States v. Skrmetti, the Court refused to apply heightened scrutiny to a sex-based classification in a shocking opinion that bodes poorly form equal protection in particular and constitutional analysis as a general matter.

Good Cause Does Not (Necessarily) Equal Housing Stability: An Empirical Examination Of Holdover Evictions By Landlord Type, Victoria M. Esposito, Cynthia Bott

Western New England Law Review

In light of the ongoing housing crisis, several municipalities and states have passed or are considering measures to stem evictions and keep as many people as possible housed. One of the most prominent of these is the requirement that private landlords have good cause to evict their tenants. However, there is little scholarship analyzing how and whether good cause has worked in the settings where it has existed longest: public housing and publicly funded non-profit housing.

Good cause eviction protections are intended to protect tenants from holdover evictions—i.e., evictions due to the end or termination of a lease rather than …

Granting The High Seas Personhood And Quasi-State Status, Jennifer Bass

Western New England Law Review

The Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction has now secured sufficient ratifications to enter into force. The enforcement mechanisms of the treaty could be strengthened to better protect biodiversity by granting the high seas personhood and providing the high seas quasi-statehood. The enforcement mechanism would be through the United Nations Convention on the Law of the Sea’s (UNCLOS) International Tribunal of the Sea. Specifically, enforcement could be strengthened by working with other entities such as Regional Fisheries Management Organizations (RFMOs), the Fish Stocks Agreement, and the Convention on International Trade in Endangered Species of Wild Fauna …

From Scandal To Solution: A New Governance Model For The World Anti-Doping Program, Tazzeel Walker

Western New England Law Review

This Article examines the challenges the World Anti-Doping Agency (WADA) faces in providing a drug-free competitive sporting environment. WADA was established in the 1990s—at the height of the doping epidemic—to manage the fight against doping in sports. Today, WADA monitors over 140 countries and each of which has a National Anti-Doping Organization (National Agency) tasked with enforcing the World Anti-Doping Code (Code) domestically. Given that WADA oversees doping enforcement in so many countries, it relies heavily on the National Agencies to police themselves. However, many of these National Agencies have blatantly disregarded the Code, which makes it more difficult for …

Towards An Evaluation Of The Business Value Of Ai: A System Dynamics Approach, Ganesh Sankaran

School of Engineering, Computing and Mathematics Theses

In the early 2010s, when Artificial Intelligence (AI) emerged from the latest "winter" of disillusionment, discussions about its use in decision-making tended to be dichotomous: humans or AI. More recently, consensus has shifted toward a complementary humans-and-AI perspective, recognising that augmentation, not substitution, is the more appropriate frame for AI's role in the foreseeable future. This shift foregrounds the challenge of evaluating outcomes in collaborative decision-making contexts.The thesis proposes a simulation-based framework, drawing on system dynamics, to evaluate whether complex, time-varying interactions between humans and AI agents result in collectively rational behaviour. The framework extends the observation of dynamic complexity …

The Ones Who Watched: Technology, Proxy Warfare, And The Testing Ground Hypothesis, Sean J. Oliver

Graduate Theses/Dissertations

Great powers need laboratories for war. This thesis argues that great powers find these laboratories in proxy forces. Proxy warfare is not just a tool for strategic influence. It is a machine for experimentation. This study posits a central testing-ground hypothesis. It contends that great powers deliberately use surrogates to vet emerging technologies, doctrines, and mobilization schemes under the pressure of real combat. The analytical methodology is historical. It traces patterns from the ancient world's proxy forces and the innovations of the Crusades to the Cold War and the digital age. The thesis examines enduring patterns, including the tension between …