Digital Commons Network^™

Authoring While Dead, Mark A. Lemley, Oliver W. Holmes Jr.

Georgia Law Review

Bob Marley died in 1981. But he wrote a song in 2017 with The Killers. At least, that’s what the song credits say. Why? Because The Killers’ song included the two words “redemption song,” the title of a classic Bob Marley hit. Rather than fight, The Killers agreed to add Marley as a co-author.

There is an increasing trend in the music industry toward resolving disputes over music copyright by granting co-authorship (or “interpolation”) credit to the claimant, no matter how weak the claim (as in Marley’s case), and even if they are dead (as in Marley’s case again). Bob …

Surveillance As Retaliation, Daiquiri J. Steele

Georgia Law Review

Employers have a myriad of technologies at their disposal to help them surveil their employees, and they deploy these technologies for several reasons. Some of these reasons—e.g., monitoring time and attendance, ensuring compliance with occupational safety standards, protecting against certain data disclosure, etc.—are legitimate. Others are not. Chief among the illegitimate reasons is monitoring employees in retaliation for reporting alleged employer misconduct internally or externally. Just as terminating, demoting, or transferring an employee constitutes an adverse action for retaliation claims, subjecting an employee to surveillance because the employee has engaged in protected activity is also an adverse action. Courts and …

Public Constitutional Ai, Gilad Abiri

Georgia Law Review

We are increasingly subjected to the power of AI authorities. Machine learning models now underpin algorithmic markets, determine whose speech is amplified or restricted, shape government decisions ranging from resource allocation to predictive policing, and influence our access to information on critical issues such as voting and public health. As AI decisions become inescapable, entering domains such as healthcare, education, and law, we must confront a vital question: How can we ensure that AI systems, which increasingly regulate our lives and make decisions that shape our societies, have the authority and legitimacy necessary for effective governance?

To secure AI legitimacy, …

Protecting “Learned Hands”: Table Saw Injuries, The Sawstop Saga, And How Our Design Defect Doctrine Is Disincentivizing Safety, Tanner P. Samples

Georgia Law Review

The American judicial system has been grappling with the grisly realities of industrial carnage for over one hundred years. From Justice Cardozo’s storied expansion of manufacturer liability to the regulatory explosion of the 1960s, our nation has struggled to balance the personal freedom of consumers with the dangers of modern machinery. The winding morass of products liability law has afforded plaintiffs some degree of protection from the wily manufacturer, but most would agree that advancements in safety technology have prevented more consumer harm than any tort claim or cause of action.

Despite the unquestionable utility of safety advancements, analysis of …

Let The Punishment Fit The Crime: Interpreting Application Of Joint And Several Liability To Criminal Asset Forfeiture Post-Honeycutt, Anna Gowen

Georgia Law Review

This Note analyzes the intricacies surrounding the application of joint and several liability to criminal asset forfeiture, particularly following the U.S. Supreme Court’s decision in Honeycutt v. United States. Starting with a historical analysis of asset forfeiture’s early use in civil contexts to the application of forfeiture in the criminal context under statutes like RICO, this Note addresses the tension between the Eighth Amendment right to receive punishment proportional to the crime and the government’s incentives to pursue forfeitable assets. This Note then recounts a previous circuit split over the permissibility of joint and several liability in criminal asset …

Georgia’S Failure To Accommodate Its Disabled Citizens, Daniel T. Witcher

Georgia Law Review

Workplace discrimination against individuals with disabilities is, unfortunately, not unheard of in modern America. At the federal level, Title I of the Americans with Disabilities Act (the ADA) takes special aim at alleviating workplace disability discrimination. At the state level, most states have adopted statutory regimes heavily influenced by, if not identical to, Title I. Yet a small minority of states, including Georgia, have not.

This Note examines the implications of this decision. First, this Note briefly describes the ADA’s substantive workplace disability discrimination provisions and illustrates how Georgia stands with the distinct minority of states in refusing to adopt …

Table Of Contents

Georgia Law Review

No abstract provided.

The Merging Of Ownership And Control, Tomer S. Stein

Georgia Law Review

What if shareholders controlled every decision their company made? This seemingly simple idea threatens to upend the modern corporation.

Shareholders own the corporation and directors and officers manage the corporation—a “separation of ownership and control” that has become a defining characteristic of our modern economy. Per conventional wisdom, the law enables separation of ownership and control by not prohibiting owners and employees from exercising their contractual freedom to hire and work for one another. But this article demonstrates that this widely held view is incomplete and detrimental to the economy. Much of the economic activity that utilizes the corporate form …

Delegated Contract Formation, Tyler B. Lindley

Georgia Law Review

It is well established that an agent’s act binds the principal only if the agent has actual or apparent authority, or if the principal ratifies the unauthorized act. But the legal status of the unauthorized agreement between the agent (purporting to act for the principal) and the third party remains unclear. Courts confusingly refer to it almost interchangeably as a “void” contract, as a “voidable” contract, and as a nonexistent or unformed contract. All three categories appear to fit uneasily, though: voidable contracts are presumptively valid and enforceable, void contracts cannot be ratified, and assent through ratification relates back to …

Jones V. Mississippi: Sweeping Away The Due Process Protections Of Juvenile Offenders, Tiffani N. Darden

Georgia Law Review

The U.S. Supreme Court’s pronouncement in Jones v. Mississippi raises questions about whether states will adequately adhere to the fundamental fairness principles of constitutional due process. The current juvenile sentencing procedures center on Miller v. Alabama, in which the Court struck down mandatory life-without-parole statutes applicable to juveniles. But in the post-Miller era, state legislatures and courts have struggled with how to apply the Miller Court’s holding. Ultimately, the Jones Court eliminated procedural due process rights for the criminal system’s most vulnerable class. But while procedural due process in the criminal sentencing context is not well defined as …

Penneast Pipeline And The Policy Implications Of The Private Use Of Eminent Domain, Emily C. Wood

Georgia Law Review

This Note considers the modern implications of the takings power in light of PennEast Pipeline Co. v. New Jersey, a 2021 U.S. Supreme Court decision holding that states do not have the right to exercise state sovereign immunity against private parties holding congressionally delegated authority. Against current environmental conditions and recent takings power history, this Note then examines the delegation power of Congress and the public policy implications of the present administrative scheme—as compared to the typical exercise of the federal eminent domain power. Finally, this Note argues that the current administrative scheme ultimately removes important decisions impacting local …

Table Of Contents

Georgia Law Review

No abstract provided.

Pluralism In State Constitutional Law, Michael L. Smith

Georgia Law Review

Debates over constitutional interpretation rage on—with most parties staking out preferred theories, their justifications, and assertions of their utility in predicting, explaining, and critiquing court opinions. The United States Constitution and the Supreme Court take center stage, despite a rich set of cases and constitutions at the state level. At the same time, state constitutional discussions tend to steer clear of federal interpretive theorizing.

This article seeks to bridge the gap between these literatures, arguing that state constitutional interpretation practices demonstrate a pluralist approach that may inform broader theoretical debates. State courts frequently employ different methods—sometimes explicitly, sometimes implicitly—both across …

State Constitutional Development And The Criminal Procedure Revolution, Quinn Yeargain

Georgia Law Review

Questions about which rights, liberties, and guarantees are included in the U.S. Constitution’s protections, and how they are protected, have long produced animated debate among scholars, judges, and advocates. Yet, while today’s debates may seem familiar, they take place at a perilous time in our country’s trajectory. We are six decades removed from the Warren Court’s criminal procedure revolution, and just a few years into the Roberts Court’s full-throated embrace of originalist jurisprudence. Whether many of the protections we have come to know and recognize from the Warren Court—the exclusionary rule, Miranda warnings, and Gideon’s mandate—are subjected to re-evaluation …

Rescuing State Punishment Clauses From The Deferential Doctrine, William W. Berry Iii

Georgia Law Review

A number of state appellate courts read any sentencing decisions by lower courts that are “within the statutory sentencing limits” as constitutional or presumptively constitutional under both the Eighth Amendment and the punishment clause in their state constitutions. This “deferential doctrine” ignores both the individual rights of criminal defendants and the role of state courts in placing some constitutional limit on the sentencing schemes adopted by state legislatures.

In an age of mass incarceration and excessive spending on punishment, this blind deference state courts show state legislatures should end. This article demonstrates how and why state courts should use the …

From Trials To Practice: Implementing A Clinical Intervention In Community Settings, Craig A Johnston, Salim S Virani, Ashok Balasubramanyam, Christie M Ballantyne, Aanand D Naik

Faculty, Staff and Students Publications

Introduction/objectives: Diabetes increases the risk of complications, especially for vulnerable populations. Our previous randomized clinical trial (RCT), TIME (Telehealth-supported, Integrated Community Health Workers (CHWs), Medication access, group visit Education), showed the efficacy of CHW-led diabetes care. This study aimed to gather data on transitioning TIME from clinical trials to practical implementation.

Methods: We conducted a 12-month RCT at a nonprofit community clinic using the Consolidated Framework for Implementation Research (CFIR). Participants, Hispanic adults without insurance and with type 2 diabetes (N = 58; 29/arm), were randomized to TIME (intervention) or usual care (control). The intervention included monthly group visits and …

Contextual Embedding-Based Clustering To Identify Topics For Healthcare Service Improvement, K M Sajjadul Islam, Ravi Teja Karri, Srujan Vegesna, Jiawei Wu, Praveen Madiraju

Computer Science Faculty Research and Publications

Understanding patient feedback is crucial for improving healthcare services, yet analyzing unlabeled short-text feedback presents challenges due to limited data and domainspecific nuances. Traditional supervised approaches require extensive labeled datasets, making unsupervised methods more practical for extracting insights. This study applies unsupervised techniques to analyze 439 survey responses from a healthcare system in Wisconsin, USA. A keyword-based filter was used to isolate complaint-related feedback using a domain-specific lexicon. To identify dominant themes, we evaluated traditional topic models such as Latent Dirichlet Allocation (LDA) and Gibbs Sampling Dirichlet Multinomial Mixture (GSDMM) - alongside BERTopic, a neural embedding-based clustering method. To improve …

Llm-Based Prompt Ensemble For Reliable Medical Entity Recognition From Ehrs, K. M. Sajjadul Islam, Ayesha Siddika Nipu, Jiawei Wu, Praveen Madiraju

Computer Science Faculty Research and Publications

Electronic Health Records (EHRs) are digital records of patient information, often containing unstructured clinical text. Named Entity Recognition (NER) is essential in EHRs for extracting key medical entities like problems, tests, and treatments to support downstream clinical applications. This paper explores prompt-based medical entity recognition using large language models (LLMs), specifically GPT-4o and DeepSeek-R1, guided by various prompt engineering techniques, including zero-shot, few-shot, and an ensemble approach. Among all strategies, GPT-4o with prompt ensemble achieved the highest classification performance with an F1-score of 0.95 and recall of 0.98, outperforming DeepSeek-R1 on the task. The ensemble method improved reliability by aggregating …

Sars-Cov-2 Detection And Persistence In A Remote Amazonian Settlement, Glauco M. Silva, Roberto C. Ilacqua, Franciely G. Gonçalves, Carla M. Santana, Felipe T. Jordão, Paula R. Prist, Melissa S. Nolan Ph.D., Mph, Andreia F. Brilhante, Marcia A. Sperança, Gabriel Z. Laporta

Faculty Publications

Background: COVID-19 continues to pose a major global health challenge. Despite its geographic distance from Brazil’s major urban centers, Acre state has experienced notable outbreaks. This study assessed the detection and persistence of SARS-CoV-2 in the rural settlement of Santa Luzia, located in the remote municipality of Cruzeiro do Sul, Acre state, Brazil. Methods: In July 2022, a cross-sectional survey was conducted at 40 sites from an ongoing environmental study, selected by deforestation patterns and proximity to health posts. Saliva samples were collected from residents aged 5–90 years, followed by nucleic acid extraction and multiplex RT-qPCR for SARS-CoV-2 detection. Results: …

The Table, Ruichu Yu

Theses

This thesis explores the relationship between identity formation, emotional rupture, and social performance through the symbolic framework of the dining table to examine how everyday rituals shape and destabilize the self. Beginning with a personal history of crafting prosthetic ears at the request of the artist’s otologist father, the project emerges from an initial desire to heal others and confronts the emotional weight of restoration. As the work evolves, this act of repair becomes a catalyst for the artist’s own confrontation with psychological fragmentation, shifting the focus from medical mending to the deconstruction of selfhood. Drawing on theories of performativity …

Active Learning Methodologies And Applications, Pradeep Bajracharya

Theses

Active learning (AL) is a Machine Learning (ML) strategy that offers a promising solution to challenges posed by the data-intensive tasks by selectively querying the most informative data, reducing the need for extensive labeled datasets. This approach is particularly valuable for fields like cardiac research and scientific simulations, where data labeling becomes expensive and often impractical. Deep Active Learning (DAL) extends this concept to deep learning models, which are typically data hungry, where the focus is more to optimize data selection in discrete search spaces. Conversely, Explorative Active Learning (EAL), is tailored for exploration of continuous search spaces, employing machine …

Using Generative Models For Data Augmentation In Medical Imaging, Nilesh Kumar

Theses

Obtaining large amounts of labelled data in medical imaging is hindered by issues like privacy and cost, therefore limiting the gains that can be achieved from Deep Neural Networks (DNNs). A lot of work has shown data augmentation to be an effective strategy for expanding training data leading to more robust models. However, the lack of data is not always uniform across datasets e.g., some classes in a dataset may be underrepresented. This is particularly problematic because the overall good performance of a model on a dataset can easily mask the under-performance of underrepresented classes or instances. Naively employing data …

Novel Time-Since-Deposition Signatures For Canine Blood; Implications For Animal Cruelty Investigations, Alysia M. Townsley

Master of Science in Forensic Science Directed Research Projects

Dogfighting is a felony in all 50 states and is often tied to other organized crime activities including gambling, narcotics, and weapons trafficking. Because of the clandestine nature of dogfighting crimes, it may be necessary to determine the age of blood samples from suspected events, not just the source. In this study, flow cytometry was used to identify cellular autofluorescence signatures for estimating TSD (time-since-deposition) in canine blood deposits up to 6 months old. To accomplish this, blood was taken from canines of various chronological ages and breeds, then deposited to create TSD samples ranging between 1 day and 180 …

Accurate Body Weight Class Prediction From Mirna And Gene Expression In Blood And Saliva Samples, Kimberly Lettner

Master of Science in Forensic Science Directed Research Projects

miRNA interference on protein abundance related to glucose uptake and lipid production has been evaluated in biomedical research and linked to metabolic disorders like severe obesity. The direct regulation of protein abundance caused by miRNAs on a person’s metabolism can lead to an increased weight and overall size. Body size, measured by BMI, provides additional physical descriptions that can be combined with hair color, eye color, age, and skin pigment to aid investigations of unidentified remains or unknown suspects not found in a database. The purpose of this project was to evaluate the miRNA expression of target biomarkers in dried …

Development Of Novel Signatures For Determination Of Cell Types In Blood And Saliva Mixtures, Caitlin Lydon

Master of Science in Forensic Science Directed Research Projects

Determination of tissue source and the time at which a biological material is transferred from its source to another surface, known as the time-since-deposition (TSD), would assist forensic analysts by providing crucial context for DNA profiles generated from biological evidence. Many methods for cell identification have been explored using biomolecule markers such as mRNA, miRNA, and differential DNA methylation. Forensic laboratories have also developed methods for TSD estimation that focus on degradation of biomolecules. Biomolecules such as mRNA or miRNA degrade at different rates due to some being more stable than others. The ratio of stable degrading biomolecules, therefore, can …

Advancing Forensic Firearm Analysis: Quantitative Measurement Of Pellet Patterns Using Open Source Software, Inez Staples

Master of Science in Forensic Science Directed Research Projects

Shotgun pellet pattern analysis plays a critical role in forensic firearm investigations, particularly for estimating muzzle-to-target distances. However, conventional methods based on pattern diameter become unreliable when only partial patterns are recovered, as is often the case in forensic scenarios involving soft tissue or incomplete impact surfaces. This study aimed to validate ImageJ, an open-source image analysis software, as a standardized, accurate, and reproducible tool for measuring pellet-to-pellet distances in partial shotgun patterns. The methodology included calibration of ImageJ using a perforated poly board, comparison of manual versus digital measurements on 17 pre-made pellet patterns, and development of a calibration …

Qualitative Method Validation Of Acid/Neutral Drugs Carisoprodol, Meprobamate, And Naproxen Using Liquid Chromatography-Tandem Mass Spectrometry, Kate O. Martin

Master of Science in Forensic Science Directed Research Projects

Meprobamate, carisoprodol, and naproxen are acidic/neutral drugs widely prescribed for muscle relaxation and inflammatory conditions, with frequent detection in forensic toxicology casework due to extensive clinical use. A method to qualitatively evaluate these compounds was developed to unify acid/neutral drug screening. This study incorporated blank blood, antemortem blood, postmortem blood, urine, and liver homogenate as representative biological matrices. Method validation was conducted in accordance with ANSI/ASB Standard 036 for Forensic Toxicology, encompassing key parameters including limit of detection (LOD), endogenous interferences, potential interferences, carryover, processed sample stability, and ionization suppression/enhancement. The validation was performed using the internal standards carisoprodol-D7, meprobamate-D7, …

Impact Of Substrates And Deposition Time On Bacteria Associated With Saliva Samples And Its Implication On A Bacterial Signature-Based Body Fluid Identification Method, Olisdey Galano Cruz

Master of Science in Forensic Science Directed Research Projects

Traditional serological methods for body fluid detection are limited by poor specificity and sensitivity, lacking confirmatory capability and thereby increasing the risk of false positives that may compromise the integrity of forensic investigations. While molecular methods such as mRNA, miRNA, and DNA methylation offer improved specificity, they are often hindered by marker instability and operational complexity in routine forensic workflows. Bacterial signature profiling has emerged as a promising alternative, offering enhanced stability, abundance, and compatibility with existing DNA workflows. However, its forensic implementation requires further validation. This study evaluated the effects of substrate type and storage time on the salivary …

Lilly Reich: La Mente Detrás Del Mobiliario Moderno Que La Historia Olvidó, Noa Llanas Angrill

GDI. Revista de investigación de Género, Diseño e Innovación

La historia ha sido escrita desde una perspectiva que se ha invisibilizado las contribuciones femeninas en su desarrollo. Este artículo se centra en Lilly Reich (1885-1947), figura clave del diseño moderno, cuya autoría ha sido eclipsada por la de su colaborador Ludwig Mies van der Rohe. La investigación evidencia que la diseñadora no solo contribuyó al diseño de mobiliario moderno y de espacios expositivos, sino que lideró proyectos clave y que su trabajo ha impactado en el diseño expositivo, textil y mobiliario moderno.

Loper Bright And The Great Writ, Anthony G. Amsterdam, James S. Liebman

Faculty Scholarship

Chevron deference is dead. The Court’s forty-year, seventy-decision experiment with Article-III-court deference to “reasonable” agency interpretations of ambiguous federal statutes failed, killed in part by concern that it unduly curbed the “judicial Power” to enforce the rule of law in the face of politics, partisanship, and mission-driven agency decision-making.

“AEDPA deference” lives. The Court’s twenty-five-year, seventy-two decision experiment with Article-III-court deference to “reasonable” state-court interpretations of the Constitution under the 1996 Antiterrorism and Effective Death Penalty Act continues to relegate criminal defendants to prison or death, notwithstanding federal habeas judges’ independent judgment that the state courts have misread or misapplied …