University of San Diego

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    27392 research outputs found

    Streamlining the Cleaning and Analysis of Eye Tracking Data for Cross-Recurrence Analysis

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    The use of multimodal data to understand and support collaborative learning has grown in popularity recently as it allows researchers to study complex learning tasks from different facets. However, multimodal analysis is often computationally complex and often requires a strong set of technical skills and mathematical understanding to clean and process the data, creating barriers that restrict researchers without advanced programming skills from conducting these analyses. There are existing software packages that can help with this process, but they are often piecemeal requiring the user to understand how to put them together and what best practices may entail. This can create a barrier of entry for most researchers. Our toolkit addresses this challenge by providing researchers with an accessible, well-documented toolkit for synchronizing and analyzing multiple data streams from collaborative learning environments. In this paper, we present the first component of this toolkit: a comprehensive pipeline for preprocessing and analyzing collaborative eye tracking data, specifically focusing on cross-recurrence analysis. The pipeline automatically handles critical preprocessing steps including data synchronization, calibration filtering, and missing data management, then implements cross-recurrence analysis to measure gaze similarity between collaborating participants. Our toolkit will provide a step-by-step workflow in Jupyter Notebooks that requires no advanced programming skills. This tool will enable researchers to transform raw data into accurate predictions about collaborative behaviors, through a single interface. The toolkit generates real-time visualizations and handles the complex technical challenges that have previously limited access to these analytical techniques. While this paper focuses on cross-recurrence analysis as a foundational measure, future versions of the toolkit will incorporate additional collaborative measures such as spatial entropy, joint visual attention, and joint mental effort to provide a comprehensive suite of multimodal learning analytics tools

    A Remedy for a Distressing Situation: Discrimination Against Children with Disabilities in Public Education

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    This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may seek emotional distress damages. Finally, this Comment concludes that emotional distress damages are the most viable remedy for children with disabilities who are left behind, left alone, and left forgotten

    Restoring the Balance of War Powers: A Call to Repeal and Replace the 2001 Authorization for Use of Military Force

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    Less than a year ago, the House Foreign Relations Committee held a hearing entitled “Reclaiming Congress’s Article I Powers: Counterterrorism AUMF Reform.” The Committee specifically considered the 2001 Authorization for Use of Military Force (2001 AUMF), which is still the primary authority for use of force against terror threats despite it being hastily enacted days after the September 11 attacks, over twenty years ago. The hearing highlighted the complex interplay between the President’s war powers under Article II of the Constitution and Congress’s Article I power to declare war. The unclear division of war powers set forth in the Constitution has created a tug-of-war between the executive and legislative branches. Ideally, a president should be held accountable through congressional oversight yet have the flexibility to act decisively. Against the backdrop of ongoing and ever-evolving terror threats, important questions about separation of powers have emerged such as should Congress delegate its war powers to the President through a replacement authorization for use of military force and does the President have inherent authority to use such force during offensive operations. There are also questions about whether the 2001 AUMF is an antiquated framework that has outlived its usefulness given it was aimed at combatting threats that have largely been neutralized. ISIS, for example, is a current threat and it did not exist when the 2001 AUMF was enacted. Despite calls from the executive and legislative branches to repeal and replace the 2001 AUMF, change is moving as quickly as pond water. This article urges the legislative branch to act quickly and repeal and replace the 2001 AUMF. It sets forth guidance for a new authorization, an authorization for use of force that makes the U.S. safer while maintaining respect for the division of war powers. Checks and balances are recommended such as a sunset clause that would require Congress to revisit the authorization and debate its continued utility. In short, the terrorist threat has evolved and so should the law

    What Happens in Vegas, Stays in Vegas. Or Does It?: A Dormant Commerce Clause Analysis of Nevada’s Online Sports Gambling In-Person Registration Requirement

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    Is the in-person registration requirement Nevada’s last-ditch effort to keep what happens in Vegas, in Vegas? This Comment argues that Nevada violates the Dormant Commerce Clause by requiring in-person registration for online sports betting. Part II introduces Nevada’s sports gaming regulations, history, regulatory scheme, and the potentially impacted industries. Part III discusses the relevant law on the Dormant Commerce Clause under a discrimination test. Part IV analyzes Nevada’s in-person registration requirement under the Dormant Commerce Clause and discusses legitimate local purposes for the regulation and reasonable alternatives, concluding that the regulation violates the Dormant Commerce Clause. Part V proposes that Nevada repeal the in-person registration requirement and adopt pre-existing technology from the online poker industry, cashless wagering, and regulation from other states that are now the gold standard for online gambling

    Will the Real F.A. Hayek Please Stand Up!

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    In this essay, I will argue that neither of these two presentations of Hayek represent the real Hayek. In Part II of this essay, I criticize Koppelman’s contention that there is little distance, if any, between Hayek’s stance on distributive justice and Rawls’s difference principle. In Part III of this essay, I dispute Koppelman’s claim that Hayek is quite receptive to the development and expansion of the regulatory-administrative state. Each of these stances is rejected by Hayek for the same sorts of reasons that stand behind his rejection of central economic planning. Hayek’s critique of central economic planning, his rejection of doctrines of distributive justice, and his concern about the growth of the interventionist-administrative state are each a part of a single, coherent, doctrinal package

    Hermeneutic Theory and the Priority of Constitutional Meaning

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    Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) arrive at the meaning of a law independently of other interpretive modalities such as intent, precedent, purpose, and morality. This is, believe it or not, where hermeneutic theory comes in. As an heir to Reformation-era disputes about biblical interpretation and Nineteenth Century developments in philosophy of history, few traditions have more thoroughly addressed the linkages, or lack thereof, between understanding and application. And the insights of hermeneutic philosophers on this score are only partially appreciated by legal scholars. Many, such as William Eskridge, Ronald Dworkin, and Joseph Raz, either explicitly or implicitly acknowledge their debts to Hans Georg Gadamer’s pathbreaking defense of the inseparability of understanding and application. Yet, another strand of hermeneutic theory—one which generally defends the importance of authorial intent and insists the boundary between “meaning” and “significance” is fundamental for a coherent account of human understanding—is largely ignored. Representative figures in this line include Emilio Betti, E.D. Hirsch, and, in the last decade, Vittorio Hösle. This article addresses this shortcoming by exploring the divergent treatment of understanding and application in hermeneutic theory, and discussing how insights from this tradition might bear on debates about interpreting the United States Constitution. Particular attention is paid to the lesser-known strand of hermeneutic theory, and especially Vittorio Hösle, whose major work on the subject is only available in German. Ultimately, the article contends the intentionalist strand of hermeneutic theory supports contemporary originalists’ claim that the recovery of communicative meaning can be separated from its subsequent application. But it also explains why judges might be prone to consistently blur these lines

    Besieging International Law? The Gaza Conflict and the Future of Siege Warfare

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    The legal boundaries of siege warfare are under renewed scrutiny following Israel’s siege of Gaza after the October 7, 2023 Hamas attacks. This analysis explores the intersection of military necessity and humanitarian obligations, assessing whether Israel’s tactics conform to established international law or signal a shift toward stricter legal interpretations. Key legal frameworks—including the Geneva Conventions, Hague Regulations, and customary international law—are examined alongside debates on civilian protection, humanitarian aid access, and the prohibition of starvation as a method of warfare. A comparative evaluation of sieges in Gaza and Syria reveals inconsistencies in how international humanitarian law is applied, raising concerns over selective enforcement. Recent actions by the International Court of Justice (I.C.J.) and the International Criminal Court (ICC) further highlight tensions between legal norms and political influence. These developments prompt critical questions about the future viability of siege warfare as a lawful military strategy and the broader implications for the integrity of international legal institutions

    Labor Rights Under the USMCA: Progress, Shortcomings, and the Road Ahead

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    The United States-Mexico-Canada Agreement (USMCA) introduced the Rapid Response Labor Mechanism (RRLM) to strengthen labor rights enforcement in North American trade. While the mechanism marks a significant departure from NAFTA’s weaker labor provisions, its implementation has revealed systemic shortcomings. The RRLM relies on voluntary compliance, lacks binding remediation requirements, and has an underutilized panel review process, limiting its effectiveness. Economic asymmetry between the United States and Mexico further complicates enforcement, as Mexico bears a disproportionate burden despite having fewer resources to uphold labor standards. Additionally, corporate accountability remains elusive, with companies facing no direct obligations to integrate USMCA labor commitments into their operations. This analysis critically examines the RRLM’s enforcement trajectory, assessing its structural limitations, the role of U.S. oversight, and the broader challenges of trade-based labor protections. Without procedural reforms, greater transparency, and stronger institutional support, the RRLM risks serving as a symbolic rather than substantive tool for labor rights enforcement. As the USMCA approaches its 2026 review, its success will depend on whether enforcement efforts translate into lasting structural change rather than temporary compliance

    Breaking the Vial: Leveraging North American Regulatory Models and Market Practices to Reform Insulin Pricing in the United States

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    The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure meaningful and lasting change. Addressing these systemic barriers is essential to fostering competition, reducing patient costs, and making insulin a truly accessible, life-saving medication

    A Toxic Inheritance: Addressing the Legal Implications of Inheriting Hazardous Waste Land

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    Inheritance law, governing the transfer of assets and rights from generation to generation, is a cornerstone of legal systems worldwide, Inheritance law’s implications extend beyond wealth management and tax strategies. This Article addresses a neglected area of overlap: inheritance law and hazardous waste. Consider Sarah, a Southern California beneficiary whose narrative exemplifies that overlap, and her story of how inheritance law combines grief, liability, and opportunity…. Inheriting toxic land poses a legal challenge to a beneficiary’s ability to abandon property as a matter of law and policy. This raises the additional question of who should bear cleanup liability for an inherited or abandoned waste site. This Article concludes that legal and economic factors support imposing clean-up liability costs on the testator’s estate to reduce environmental harm, improve the public’s health, and comply with the congressional intent of the Comprehensive Environmental Response, Compensation, and Liability Act

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