Digital Commons Network^™

The Anti-Innovation Supreme Court: Major Questions, Delegation, Chevron And More, Jack M. Beermann

Faculty Scholarship

The Supreme Court of the United States has generally been a very aggressive enforcer of legal limitations on governmental power. In various periods in its history, the Court has gone far beyond enforcing clearly expressed and easily ascertainable constitutional and statutory provisions and has suppressed innovation by the other branches that do not necessarily transgress widely held social norms. Novel assertions of legislative power, novel interpretations of federal statutes, statutes that are in tension with well-established common law rules and state laws adopted by only a few states are suspect simply because they are novel or rub up against tradition. …

Getting Merger Guidelines Right, Keith N. Hylton

Faculty Scholarship

This paper is on the new Merger Guidelines. It makes several arguments. First, that the Guidelines should be understood as existing in a political equilibrium. Second, that the new structural presumption of the Merger Guidelines (HHI = 1,800) is too strict, and that an economically reasonable revision in the structural presumption would have increased rather than decreased the threshold. Whereas the new Guidelines lowers the threshold to HHI 1,800 from HHI 2,500, an economically reasonable revision would have increased the threshold to HHI 3,200. I justify this argument using a bare-bones model of Cournot competition. Third, it seems unlikely, …

Marketing, Other Intangibles, And Output Growth In 61 United States Industries, Leo Sveikauskas, Rachel Soloveichik, Corby Garner, Peter B. Meyer, James Bessen, Matthew Russell

Faculty Scholarship

Experts in the System of National Accounts (SNA) recently considered whether marketing could be included as a capital asset in the national accounts and later recommended that marketing should be an intangible in the 2025 SNA (IMF, 2022, 2023). This paper prepares macroeconomic measures of the United States marketing stock and develops similar measures within 61 industries. We find that, from 1987 to 2020, marketing capital contributed approximately as much to output growth (0.18 percentage point per year) as R&D (0.15) or software (0.19) did. Software grew more rapidly, but marketing had a larger factor share. Marketing contributes even more …

A New Approach To Patent Reform, Janet Freilich, Michael J. Meurer, Mark Schankerman, Florian Schuett

Faculty Scholarship

Scholars and policy makers have tried for years to solve the tenacious and harmful crisis of low quality, erroneously granted patents. Far from resolving the problem, these determined efforts have resulted in hundreds of conflicting policy proposals, failed Congressional bills, and no way to evaluate the policies’ value or impact or to decide between the overwhelming multiplicity of policies.

This Article provides not only new solutions, but a new approach for designing and assessing policies both in patent law and legal systems more generally. We introduce a formal economic model of the patent system that differs from existing scholarship because …

Postural Control In Young Adults With And Without Recurrent Back Pain: Influence Of Symptom Characteristics, Rachel Berns

Student Scholar Symposium Abstracts and Posters

Many individuals with low back pain (LBP) experience episodic symptoms. During symptomatic episodes, individuals with LBP have delayed trunk muscle activation during anticipated postural perturbations, though it's unclear if these postural control changes persist between symptomatic episodes. This study examined anticipatory postural muscle activation in adults with and without recurrent LBP to determine the influence of muscle fatigue and typical symptom characteristics on trunk muscle activation. 55 young adults with a greater than one-year history of recurrent LBP and 30 young adults with no history of LBP were recruited. Electromyography electrodes were placed on their thoracic and lumbar paraspinals, external …

Breaking Boundaries: Women In Mesopotamia, Eleanor Noble

Student Scholar Symposium Abstracts and Posters

We must examine women's contributions to society to comprehend women's roles and significance in ancient Mesopotamia. Women's roles in society and civilization are still frequently overlooked, both then and now. We must not ignore the importance of women's performance throughout history in these societies. Instead, we need to recognize these achievements made by women in the fields of politics, economic standpoints, and family life. We can distinguish the experiences of women in ancient Mesopotamia and contrast them with those of women in modern society by using textual sources and comparative analysis and research. Ancient writings, artwork, and literature can be …

An Educated Guess: The Impact Of Education On Conspiracy Theories And Voting, Ellie Bickelhaupt

Student Scholar Symposium Abstracts and Posters

How strongly does education impact one's perception and opinion of conspiracy theories and voting? Throughout the years, conspiracy theories have been a rising trend in recent years that many people find entertaining, but many believe to be actual facts. The impact of one's education level can substantially change a person's beliefs in conspiracy theories and overall trust in the government. This trend has been shown by analyzing media consumption, education status, and the American National Election survey. This research will compare the trends between education level and conspiracy theory beliefs and how both affect a person's voting behavior. This research …

Copyright & Modding In The Modern Gamespace, Josephine Railston

Student Scholar Symposium Abstracts and Posters

In the modern gamespace, modding has become an excellent opportunity for video game enthusiasts to express their creativity and love for a game; but what happens when that passion is stifled by a major company? My poster presentation will examine the ethics behind modding and ROM hacking, from both the perspectives of major video game corporations as well as their fanbase at large. We will analyze this issue using the case study of Pokémon Prism, a Pokémon Crystal ROM hack, which was canceled days prior to its release following a cease and desist by Nintendo. More specifically, we will investigate …

The Intersection Of Law And Culture: Native Hawaiian Rights And The Hawaiian Homes Commission Act, Kiana Cablayan-Kennedy, Leia Hernandez

Student Scholar Symposium Abstracts and Posters

The Hawaiian Homes Commission Act (HHCA) of 1920 is a crucial legislation for Native Hawaiian rights. The HHCA addresses the socio-economic disparities that Native Hawaiians face, especially after the overthrow of the Hawaiian Monarchy by the United States in 1893. The HHCA entails over 200,000 acres of land for homesteading to Native Hawaiians to preserve Native Hawaiian culture and self-sufficiency. Despite the purpose of the HHCA, multiple challenges have accumulated over the years - precisely the landmark case of Kalima v. State of Hawaii. Kalima v. State of Hawaii brought forth issues from 1959 through 1988 but became a civil …

The Vilification Of The Dark Feminine, Isabella Richmond, Khanh Nguyen

Student Scholar Symposium Abstracts and Posters

Ereshkigal, the Mesopotamian goddess of the Netherworld, represents the dark feminine that the gods have snuffed and robbed. The famous story of Inanna’s descent into the underworld had a hyper-focus and bias towards Ishtar, Ereshkigal’s sister, the goddess of love and war. The descriptions of the pitiful Goddess Ishtar being stripped of her regalia and adornments passing each gate and how God Ea had cunningly come to her rescue are to distract the truth of Ereshkigal, in her loneliness and bitterness of her fate. While her sister, adorned with lapis beads across her neck and body draped in royal robes, …

The Moderating Effect Of Socioeconomic Status And Walkability On The Efficacy Of Physical Activity Interventions, Analisa Vavoso, Vincent Berardi, Marc A. Adams

Student Scholar Symposium Abstracts and Posters

To enable physical activity (PA) interventions to better tailor procedures to participant characteristics, we investigated the role of neighborhood socioeconomic status (SES) and walkability on the differential effectiveness of adaptive versus static activity goals (AG vs. SG) and immediate versus delayed (IR vs. DR) reinforcement in a PA trial.

Data was collected as a part of the WalkIT Arizona study, where healthy, inactive adults (n = 512) were instructed to wear an accelerometer daily for one year and were provided with daily goals for moderate-to-vigorous PA (MVPA). The intersection of goal types (adaptive and static) as well as reinforcement types …

Selfies As Cultural Objects, Sophia Mall

Student Scholar Symposium Abstracts and Posters

This analysis focuses on the creative and cultural industries, exploring the interrelationship between self, image, and digital culture through various representations of “selfies” or self portraits. Drawing on Susan Sontag's On Photography, I argue images as crucial cultural artifacts express various connections to personal identity and sense of self; further, I use Jean Baudrillard’s theory of simulacra and simulation to explore the relationship between an original object and an image. Here I propose a novel interpretation for simulacra: rather than viewing images solely as devalued replicas or exact equals of their subjects, I suggest that deliberately unreliable and manipulated images …

Fear Of China's Economic Power: Media And Party Affiliation On Public Opinion, Cloe Hughes

Student Scholar Symposium Abstracts and Posters

The United States and China are the world’s two greatest economic rivals. The US-China trade war–which started in 2018–is a result of this battle for economic hegemony and has raged on for the past six years. While trade decisions are ultimately up to policymakers, public opinion is a large factor in international policy decisions, and American biases against the Chinese may adversely affect both the American and Chinese economies. In this paper, I will examine how factors including media consumption and partisanship impact American attitudes towards China’s economy overtaking the United States’ economy. Previous research has studied the effects of …

Satanic Ritual Abuse Hysteria; A Discourse Analysis, Sloan Watson

Student Scholar Symposium Abstracts and Posters

During the 1980s, moral panic erupted nationwide as allegations of satanic abuse of children were made public, sparking inflammatory headlines and sensational news stories that drove fear and doubt into the hearts of many. Known as Satanic Ritual Abuse Hysteria, this mass hysteria is now widely acknowledged to be absurd, as allegations were proven false and the mistakes made by those in positions of power were brought to attention. However, this still leaves us to question how society within this era so easily came to believe these now-proven falsities and outlandish claims of mass ritual abuse. Using Van Dijk’s “Ideology …

A Content Analysis Of Common Relationship Challenges Among People Who Practice Polyamory, Kalyn Su, Sophie Camilleri

Student Scholar Symposium Abstracts and Posters

Approximately 1 out of 9 people in the U.S. have engaged in polyamory (Moors et al., 2021), a relationship type in which all involved agree to have multiple romantic and/or sexual partners. Despite the commonness of polyamory, there are many misconceptions about the polyamorous experience. However, research has yet to examine common challenges that people engaged in polyamory endure. The goal of the present qualitative study was to identify the disadvantages and stressors of polyamory in order to shed light on the unique experiences of people in these relationships. 219 adults who were currently in a polyamorous relationship were asked …

Navigating Islamophobia: Exploring Attitudes Towards Muslim Immigration And Policing, Devansh Mehta

Student Scholar Symposium Abstracts and Posters

Since the September 11th terrorist attacks, Islamophobic dispositions in the United States have surged within its political and societal arenas. In this paper, I will examine two specific dimensions of Islamophobia such as ceasing immigration from Muslim countries and increased police presence in Muslim neighborhoods and how those behaviors may be influenced by political affiliation and different ways news is consumed using social media and cable news. Relying on the Chapman Survey of American Fears, a representative national sample of U.S. adults completed a forty-question survey in which I tested the above independent variables to see their individual effects on …

Unveiling Deception: Discourse Analysis Of Sora And The Impact Of Ai On Misinformation, Kellen Edwards

Student Scholar Symposium Abstracts and Posters

In today’s era of information abundance, combating the proliferation of misinformation is paramount. The growing concern within the release of artificial intelligence–AI models–have exemplified concerns through Open AI’s new text-to-video learning language model: Sora, heightening the ever-present issue of how artificial intelligence will be a detriment to society. This project is a culmination of a comprehensive analysis regarding the ongoing discourse of the effects of this language learning text-to-video model and its impending effects of deception. Implementing James Paul Gee’s meticulous discourse analysis tools, I was able to meticulously examine online discussions spanning diverse social media platforms to unearth underlying …

Lifelong Movie Goers, Hardworking Filmmakers, And Oscars Discourse, Haley Kamola

Student Scholar Symposium Abstracts and Posters

This paper focuses on the discourse surrounding the Academy Awards, often referred to as the Oscars. The differences in discourse between people working in the film industry and those who watch movies are analyzed, as they represent the supplier and recipient of films and filmmaking. These two groups offer varied perspectives on the topic. The discourse of another group, a group in-between–student filmmakers–is also analyzed. To many people, what makes a film “good” is quite subjective, so the Academy Awards are often a subject of discourse. One particular focus of discourse will be the 2024 Academy Awards. There were a …

La Gentrificación: Un Estudio Comparativo Entre La Ciudad De Santa Ana, California Y La Ciudad De México, Evelin Delgado

Student Scholar Symposium Abstracts and Posters

Gentrification has increased within the latino community. Two examples of this process occurring today include cities like Santa Ana and Mexico city. Capitalistic views facilitate gentrification as companies with more purchasing power are able to buy areas and maintain their ability to stay there. Residents from Mexico city and Santa Ana provide their side of the story of the changes they are witnessing and how they are being affected. The globalization of businesses has further facilitated the process of gentrification as companies are motivated by capital led development in urban spaces. After Mexico signed the NAFTA, WTO, and OECD, it …

Sensorial Memories: A Cinema Speculum In Aftersun(2022) And Petite Maman(2021), Tingyi Zhu

Student Scholar Symposium Abstracts and Posters

In her 1975 article "Visual Pleasure and Narrative Cinema," Laura Mulvey used psychoanalysis as a political weapon to critique the issue of the male gaze in traditional Hollywood narrative cinema. Mulvey's work is pioneering for feminist film studies but was criticized and reexamined among film and feminist scholars. Building on the precedent of Mulvey and the feminist research of Luce Irigaray, contemporary scholar Lucy Bolton has proposed the camera as an "Irigarayan speculum," explaining how certain contemporary films delve into female characters' inner worlds, creating them with subjectivity and diversity. Drawing on contemporary feminist film theories and phenomenology theories, I …

Peacekeeping The Commons: Un Peacekeeping Moderates The Effects Of Climate Change On Intercommunal Conflict, Cara Hunter

Student Scholar Symposium Abstracts and Posters

The effects of climate change have been increasingly linked to the risk of intercommunal conflict, as climatic shocks have been shown to increase resource scarcity. Policymakers and academics agree that effectively designed institutions are critical variables in preventing and mitigating conflict, particularly in ecologically-fragile areas. However, there is a lack of evidence on the specific ways to strengthen institutions in the face of climate change, especially in conflict-affected settings. We argue that UN Peacekeeping Operations moderate the effects of climate change on intercommunal conflict by strengthening institutions governing common-pool resources (CPRs) to increase cooperation between communities sharing scarce resources. We …

Spatiotemporal Gait Parameter Consistency Across Two Days Of Treadmill Walking In Stroke Survivors, Alejandro Aguirre Ramirez, Samantha N. Jeffcoat, Natalia Sanchez, Andrian Kuch

Student Scholar Symposium Abstracts and Posters

Retraining impaired gait is essential in post-stroke recovery. This project aims to determine between day variability of spatiotemporal gait measures in treadmill walking post-stroke to differentiate between changes due to the intervention and measurement errors due to between day test-retest variability. Six individuals post-stroke performed a two-minute walk test at a self-selected speed (SSS) for two consecutive days. SSS was assessed through the six-minute walk test. Reflective markers were placed on anatomical landmarks (van den Bogert et al. 2013). The heel markers were used for step detection. We calculated spatiotemporal parameters: stride length, stride time, step length, stance time, and …

"And Then There Were None:" The Silencing And Censorship Of Translated Works Under Francisco Franco, Avery Austin

Student Scholar Symposium Abstracts and Posters

We tend to live under the assumption that translations will always attempt to be faithful to their original texts, blindly believing in the infallibility of the translator. However, in doing so, we ignore how translation can be used to take advantage of the reader – how can one know that a change has occurred in a translated work if they have no knowledge of the text’s original language? This paper studies the power dynamics of translation, and how it can be used as a tool to aid censorship. By focusing on translated literary works under the Franco regime, this work …

The Impact Of Childhood Trauma On Adult Attachment Style, Luella Rubin-Wylie, Desiree Crevecoeur-Macphail

Student Scholar Symposium Abstracts and Posters

Repeated and complex childhood trauma can have devastating effects on individuals and their future relationships. Attachment styles are developed in the early years of an individual's life, and adverse experiences during these early years can negatively affect the attachment style that an individual develops. Various traumatic experiences during childhood, such as abuse/neglect, death/separation of parent, or witnessing domestic violence, may lead individuals to develop insecure attachment styles in their future romantic relationships. In many instances, experiencing childhood trauma can result in the development of aninsecure attachment style of anxious, avoidant, or disorganized. This study aimed to examine the impact of …

“Pro-Woman, Pro-Life”: Framing Of The Anti-Abortion Movement, Olivia Rivet

Student Scholar Symposium Abstracts and Posters

This project on the “Pro-Woman, Pro-Life" framing of the Anti-Abortion Movement uses James Paul Gee's theoretical lens on discourse analysis. My research corpus is comprised of historical, legislative, news, editorial, and film data. This project focuses on when the term "Pro-Woman" first appeared in the anti-abortion discourse and how it has been used to reinforce the Pro-Life stance. I argue that the phrase -- "Pro-Woman" -- is a discoursal strategy to appeal to women who are ideologically aligned with the Pro-Choice movement. According to the Pro-Woman, Pro-Life framework, no "feminist" would want to support a practice, such as abortion, that …

Artistic Resistance Under Dictatorships In Spain And Argentina Through The Lens Of Communication Theory, Adrian Self

Student Scholar Symposium Abstracts and Posters

Under dictatorships in Spain and Argentina, artists used their mediums to criticize the actions of the Catholic church and oppressive conditions enforced by the government, using allegories, metaphors, and symbolism in their art. While many artists tried to create works that fell within authoritarian guidelines, others intentionally created cinema and literature criticizing the Argentine and Spanish governments, values, and practices, knowing the works would be banned. This investigation uses examples of cinema and literature created and published deliberately to be prohibited or censored under the regimen of Francisco Franco from 1939-1975 in Spain or the last civil-military dictatorship from 1976-1983 …

Alcohol Use Disorder: Behaviors And Comorbidities In Recovery, Ryann Schochet

Student Scholar Symposium Abstracts and Posters

The purpose of this study was to determine the connection between length of sobriety, for people with alcohol use disorder, and their experience with related disorders and traits. Impulsivity, compulsions, obsessions, generalized anxiety, panic attacks, and neuroticism have all been researched in relation with the development of alcohol use disorder and drinking behaviors. This study strived to determine the presence of these symptoms and behaviors within one’s recovery, and their effect on one’s overall sobriety. This study compared self-reported symptoms of Alcoholics Anonymous members to their current length of sobriety and past relapses. Symptoms of Attention- deficit/hyperactivity disorder, Obsessive Compulsive …

Augmenting Hand And Arm Function For Persons With Hemiparesis, Brooke Stein, Susan Duff, Alison Mckenzie, Bailey Advincula, Isaac An, Annie Jeon, Casey Mcwilliam, Will Potter, Virginia Ruano, Paulina Vokulich, Audrey Howell, Rahul Soangra

Student Scholar Symposium Abstracts and Posters

Background. Hand and arm dysfunction due to neural disorders significantly influences quality of life. Activity-based training has been found to improve function. These improvements could be augmented with transcutaneous spinal cord stimulation (tSCS) due to the modulatory effect it has on spinal and supraspinal networks. Objective. The primary aim is to determine if a 4-week training program will improve hand and arm function. The secondary aim is to determine if the addition of tSCS to a second 4-week training session will further improve function. Design. This is a pre-posttest, controlled trial for persons 10-75 years of age, >6 months post …

Factors In Decision Making Of Political Candidates, Levi Ramirez Garcia

Student Scholar Symposium Abstracts and Posters

What factors impact the decision to run as non-partisan over one of the major US parties? It is essential to analyze this phenomenon to determine the real motivations of candidates and the party they represent because they impact society as a whole. The candidates' ideologies and how the candidates feel representing the parties' ideologies are the main reasons for choosing non-partisan over one of the major US parties. This occurs because humans tend to work where they feel comfortable and in places with the same values and ideologies as them. It is the same in the case of candidates; they …

The Gender Divide: Exploring Gender Patterns Of Perceived And Realistic Risks Of Murder By Unknown And Known Perpetrators, Haley Forth

Student Scholar Symposium Abstracts and Posters

In a society where vulnerability is often associated with femininity, women are depicted as helpless victims, which in turn underscores the gendered challenges faced by both men and women. It is thought that gender disparities among women increase the likelihood of fear and risk of murder victimization. Rather, both men and women face homicide at significant rates where gender vulnerability is correlated to different types of violence. In this paper, I examine the complexities of gendered perceptions of perceived and realistic risks behind the fear of being murdered by someone you know and murdered by a stranger. Relying on the …