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Is America Not Ready for a Woman President?
Newsday interviewed Dr. Meena Bose for the article, “After Kamala Harris loses, is America just not ready for a woman to be president? Experts say it’s not that simple.” Dr. Bose said that while gender may have played a role in Harris’ defeat, it’s the “not the dominant explanation” for Trump’s victory. “I don’t think that 2024 is a referendum on whether a woman can be president,” she said. “That’s not the dominant message here. The dominant message really is the economy and immigration. And for multiple reasons, the Democratic agenda was less persuasive to voters than the Republican agenda.” Dr. Bose is a Hofstra University professor of political science, executive dean of the Public Policy and Public Service program, and executive director of the Kalikow Center for the Study of the American Presidency.

Are you a Senior, Seasoned Citizen or "Seenager"?
Summary: The article humorously explores the different identities associated with aging: Seniors, Seasoned Citizens, and "Seenagers." Seniors embrace relaxation and nostalgia, Seasoned Citizens exude wisdom with style, and Seenagers live rebelliously youthful lives. Each group showcases the joy of aging uniquely, proving that growing older can be fabulous and fun. The aging mindset and associated vocabulary Aging: the thing we can't avoid, no matter how many anti-wrinkle creams or kale smoothies we try. But hold on! Getting older doesn’t have to be all about orthopedic shoes and early bedtimes. Sometimes, we can be intentional about how we age. Bring to life the old saying, "You are only as old as you feel," or in this case, "only as old as we think. " Aging comes with its own vocabulary these days—like a senior high school class, except your class ring is arthritis-friendly. Your mindset will determine how you behave, and your behaviour will determine what label you fall under. Let’s dive into three hot buzzwords (labels) making waves in the grey hair community: Senior, Seasoned Citizen, and the fabulous Seenager. Buckle up your seatbelt (or your compression socks) because we’re about to break down what makes each term hilariously unique. Spoiler alert: the ability to laugh at yourself will help keep you young! The Senior: Official Member of the Blue-Haired Special Club Ah, Senior. It's the classic, the OG (Old Gangster) of aging terms. This one paints a picture of someone “past their prime” (which could mean they just don’t remember how Netflix works). Seniors have earned the right to relax, avoid emails, tell stories that start with "Back in my day…." and yell at the character on the TV to "speak up!" s But let’s not sugarcoat it—being called a senior can sometimes feel like being handed a ticket to the Rest-and-Retirement Express with a Has-Been Hangover. And if you’ve ever wondered why seniors are so good at discussing the weather, it's because everyone assumes their Wi-Fi password is “sunshine.” Historically, seniors are seen as a little out of touch, like trying to send a text from a rotary phone. But here’s the twist: while the term “senior” may suggest slowing down, many secretly download TikTok tutorials and know more about memes than they let on. The Seasoned Citizen: Aged Like Fine Wine, Not Expired Milk If Senior sounds too much like a countdown clock, I'd like to introduce you to Seasoned Citizen. Doesn’t that have a nice ring to it? Seasoned citizens aren’t just “old”—they’re marinated in life, baby! They’re wiser than your smartphone autocorrect and have more knowledge than an entire season of Jeopardy. "I'll take Guru for $1,000, Alex!" Seasoned citizens have been there, done that, and have the wrinkles to prove it—but in the coolest way possible. They’re like that hip grandparent who can teach you life lessons and how to win at poker. They’re the Yoda’s of society, doling out advice with just the right amount of sass. But don’t get it twisted. While they might be experts in wisdom, seasoned citizens know they’ve already done their share of life’s heavy lifting. They’re likelier to give great advice from the sidelines than participating in the next CrossFit challenge. And why shouldn’t they? With all that life seasoning, they’ve earned their spot as society’s wise sanseis. The Seenager: 70 Going on 17, and Loving Every Minute of It Then there’s the Seenager—aka the fun aunt of aging. This term combines “senior” and “teenager,” and that’s exactly how it sounds: older folks acting like rebellious teens with more fabulous cars and better credit scores. Seenagers know how to throw a wrinkle cream party, hit a Zumba class in the same evening (and still be home by 9 pm). Forget bingo; Seenagers are out here gaming on their consoles, posting selfies on social media, and flexing their fashion sense like it’s senior prom all over again. The Golden Bachelor, anyone? And don’t be surprised if they’re showing you how to work your smartphone because they’ve already FaceTimed the grandkids from halfway around the world. Seenagers are here to remind us that age is just a number that occasionally needs reading glasses. They defy the stereotype that aging means slowing down; instead, they speed up, engage in spontaneous activities, and sometimes wear questionable amounts of leather. They’re aging rebels, shaking their fists at society’s rules like, “No, I will have dessert for dinner, thank you very much!” What Kind of Fabulous Oldie Are You? So, there you have it: whether you're a Senior, a Seasoned Citizen, or a Seenager, each term brings its flavour of fabulous to the aging process. Seniors take life slow and steady; Seasoned Citizens throw wisdom around like confetti, and Seenagers party like it’s 1959 all over again (but with fewer sideburns and more disposable income). No matter which camp you fall into, one thing’s sure: getting older is a journey full of choices. You can nap through it, sprinkle sage advice everywhere, or rock that Seenager spirit with a fresh pair of Prada sneakers. The choice, dear friend, is yours—don’t forget your reading glasses! Don't Retire---Re-Wire! Sue

Kert Anzilotti, M.D., Appointed President of the Medical Group of ChristianaCare
Kert Anzilotti, M.D., MBA, FACR has been appointed president of the Medical Group of ChristianaCare. Anzilotti has served as interim president since June 2024. He will also continue in his role as system chief medical officer of ChristianaCare. As president of the ChristianaCare Medical Group, Anzilotti will seek to improve every aspect of care for every person the Medical Group touches. He will focus on the optimization of care delivery, strategic visioning, network development, clinical technology implementation and leveraging medical informatics. Anzilotti will continue to develop new care models that transcend settings, promote value-based care and improve the patient experience across the clinical enterprise. Among his priorities are the adoption of population health measures, the embedding of health equity into care delivery and workforce development, further expansion of access points for patients and the continuous enhancement of patient and caregiver experience. “Dr. Anzilotti is exceptionally qualified to lead the Medical Group of ChristianaCare,” said Janice E. Nevin, M.D., MPH, president and CEO of ChristianaCare. “His passion for our mission and vision for the future strength of our Medical Group is unwavering. Since joining ChristianaCare in 2011, Dr. Anzilotti has earned a well-deserved reputation as a thoughtful and collaborative leader.” Anzilotti has served in numerous leadership roles at ChristianaCare, including as chief medical officer, acute care; chair of the Department of Radiology; medical director of Imaging Services; and physician leader of the Neurosciences Service Line. He also previously served as Interim President and CEO for the eBrightHealth ACO with responsibility for physician leadership and network operations. He is board certified in Neuroradiology. “Over the many years I have been at ChristianaCare, I have had the privilege of witnessing the dedication and compassion of my Medical Group colleagues as we served together with love and excellence,” Anzilotti said. “I am honored to lead this incredible, dynamic group that is reshaping the future of care, ensuring everyone we serve can achieve their best health.” Anzilotti earned his medical degree from Jefferson Medical College of Thomas Jefferson University in Philadelphia. He earned his MBA at the University of Delaware, completed the Managing Health Care Delivery Course at Harvard Business School and graduated as Physician Executive Fellow in the Health Management Academy, GE Fellows Program. The Medical Group of ChristianaCare consists of over 2,200 dedicated doctors, nurse practitioners, physician assistants and other caregivers. This highly skilled team delivers exceptional care through ChristianaCare’s community-based primary care and specialty care practices serving Delaware and surrounding states. Additionally, the Medical Group collaborates with ChristianaCare hospitalists to ensure seamless continuity of care for our patients, from primary care to hospital care and back again.
Moths in the Mojave, with UConn's David Wagner
Did you know that there are approximately 180,000 moth and butterfly species living in California’s Mojave Desert? Moths, the winged insects famous for eating sweaters and flocking to lights at night, are a mysterious and captivating species for entomologists like UConn's David Wagner. He was part of a research study that was documented recently in The Washington Post. Each night in the desert, vast clouds of sphinx moths, some spanning the palm of your hand, speed between night-blooming flowers, sipping nectar. Ethmia, tiny black moths with spots shaped like musical notes, emerge from the dark like fairies. Thousands of geometrid moths, no bigger than your fingernail, slip by cloaked in desert hues from rusty reds to pale green. To witness them, I traveled deep into the Mojave Desert this spring with a team from the California Academy of Sciences working to ensure the survival of lepidoptera. For two days, we beat bushes, placed traps and collected thousands of moths to see what lives there — and what can be saved. Moths have inhabited our planet for at least 200 million years. But the conservation status of about 99 percent of moth species remains unknown. Some, like sphinx moths, remain abundant. Many others are probably being pushed to the brink by development, land-use changes, pesticides and pollution, and rising temperatures. “It’s not this unseen force,” says David Wagner, an entomologist at the University of Connecticut. “It’s humans.” Over two nights in the desert, I discovered just how easy it is to fall in love with an unloved insect. And why “mothing” may be the best way to discover the miracle of biodiversity in your own backyard. On the arid western edge of the Mojave, where the desert floor rises to meet the San Bernardino Mountains, sits the 306-acre Burns Piñon Ridge Reserve. We venture out in the morning with beating sticks. Hitting the branches of small oaks and rabbitbrush deposits a treasure trove of insect life into collectors made out of fabric: Crane flies, green lacewings, spiders, walking sticks and caterpillars that will one day grow into moths. Wagner and Chris Grinter, an entomologist and collection manager at the California Academy of Sciences, will catalogue the most interesting ones. The academy houses a collection of 18 million insects, 700,000 of which are butterflies and moth specimens. Many are still waiting for scientists to identify and name them. The plight of moths and caterpillars has fascinated Wagner since childhood. After 20 years, he is no less enthusiastic — or worried. Wagner traveled to Burns Piñon to help finish his magnum opus, the successor to his 500-page guide to eastern North America’s caterpillars. The guide for the west will probably run more than 1,500 pages, a testament to the region’s remarkable biodiversity. As the sun sets, the mood is anticipatory. We head out into the desert to set our traps and see what moths we’ll discover. “The nice thing,” says Grinter, “is moths will come to you.” The article is an amazing read - and the link is above. And if you are interested in knowing more about moths, insects, or the fascinating field of entomology, then let us help. Dr. David Wagner is an expert in caterpillars, butterflies, moths, and insect conservation, and he's commented extensively on the current decline of insects worldwide. Click his icon to arrange an interview today.
Election Night Disinformation Concerns
Mark Lukasiewicz, dean of The Lawrence Herbert School of Communication, talked to Newsday about concerns of disinformation facing television and cable networks as they prepare for their Election Day coverage. “Virtually all the mainstream media outlets, and the major networks for sure, have developed and resourced units that specialize in spotting” disinformation, he said. “They’re certainly applying the resources to combat that and to prevent their own channels from disseminating false information and I give them credit for that." However, “the fact set for one group of people is completely different from the fact set of another group,” Dean Lukasiewicz explained, because of fast-growing social media platforms like TikTok — with 170 million users in the United States alone. Dean Lukasiewicz also spoke to the Associated Press for the story, “By moving to podcasts, Harris and Trump are turning away from legacy media to spread their messages.”

Expert Q&A - Craig Albert, PhD, talks election interference
Going into the final days of the 2024 election cycle there is a very real concern about election interference from both foreign and domestic actors, and it's something that will continue to be monitored even after the final votes are tallied. Craig Albert, PhD, graduate director of the PhD in Intelligence, Defense, and Cybersecurity Policy and Master of Arts in Intelligence and Security Studies programs at Augusta University, is a leading expert on propaganda, information warfare and national security studies. Albert has answered key questions about who is trying to interfere in the U.S. elections and why it matters. Q: How and when should someone vote and does it protect you more to avoid interference? The access to instantaneous news or events could affect people and their understanding of whom they want to vote for all the way up until the day they vote. Because of this ease of access, this election cycle has especially shown us how cautious we need to be in regards to scams. It's also why I know there has been a big push for early voting and mail-in voting, and it's necessary in some cases, but I prefer to vote on Election Day because you never know what type of news might come out about one of the candidates or parties. If something comes out that proves to be true, it could affect how someone might vote, but if you voted before Election Day, it's too late. At the same time, a very serious deepfake could be released that could manipulate how people choose to vote and it could mislead people, as well. Q: What are the consequences of the optics of an 'unfair' election? What the U.S. needs to be cautious about is preserving and maintaining the legitimacy of the election cycle. After the election, no matter who wins, narratives of interference and how it impacted the election are going to be shared and that's just irresponsible. Unless there's damning information and very clear evidence, you shouldn't mess around with the idea that the election was interfered with, because that could threaten the very structure of the United States. Q: What's the potential for post-election meddling? We have domestic bad actors as well as foreign maligned actors that are going to say the election was delegitimized no matter who wins. They have social media campaigns ready to post no matter which side wins, they're going to circulate false videos of ballot boxes burning or news that not all the the votes were counted and things of that nature. They're going to do all kinds of things because anybody can fake a ballot box being burned or mail in votes not being counted properly on video or something like that. The problem is if it goes out there or becomes viral, so many people will believe it and that sows discord. So, that creates distrust in the public system on a pretty big swath of the American population. Q: Who benefits from post-election doubts and chaos? You have foreign actors that really build on the type of anger that the political candidates and their parties already use through their propaganda and rhetoric. We have already seen Russia amplifying the message that somebody cheated or elections were hacked, and you have China, Iran, Venezuela, ISIS and Al Qaeda doing that, as well. You also have regular cyber criminals that just want to sew discord and distress so they can manipulate people later on and get into our banking systems and things of that nature. You have potentially hundreds, if not thousands of attack vectors coming at the United States between election night and January 20 when the new President will be sworn in. And then afterwards, they will all still be trying to create chaos, rebellion, civil unrest, or in the case of Iran, China and Russia, open civil war in the United States. Looking to know more and covering the election, Augusta University can help. Albert is available to speak with media – simply click on his name to arrange an interview today.
Civil discourse will be crucial to healing after the election
As we inch toward Election Day and brace for the aftermath, learning to disagree will be as important as ever. Civil discourse – actively engaging while aiming to understand, not persuade – is the key to navigating the upcoming political minefield, says Tim Shaffer, the Stavros Niarchos Foundation Chair of Civil Discourse at the University of Delaware. Shaffer, who is also director of the Stavros Niarchos Foundation Ithaca Initiative in UD's Biden School of Public Policy and Administration, can discuss the concept of civil discourse and how it can be used to navigate a society so divided politically that it has torn friendships and families apart. Some main points: • Civil discourse emphasizes listening to understand others’ perspectives, focusing on shared values – such as family – rather than conflicting positions. • Disagreement is actually important. Society needs friction for growth and progress. • Advice for healthy discourse: Practice intellectual humility, acknowledging the complexity of issues beyond right and wrong and recognizing the importance of gray areas in life. • Staying safe and sane on social media: "People need to feel safe and included, and we need to ensure we hear differing viewpoints, so how do we balance those competing values? There’s no secret answer, but we have to figure it out collectively." • Open discussions can be a valuable tool. "I believe in the power of education—church basements, community spaces, classrooms—to make a difference," Shaffer says. Reporters can connect with Shaffer directly by visiting his profile and clicking on the contact button.

From collecting candy to carving pumpkins, Halloween is defined by its traditions, and few are as time-honored as the telling of ghost stories. Whether recounted by crackling campfires, read from well-worn books or streamed on big-screen TVs, supernatural tales seem to take on a special resonance in the lead-up to October 31. And, on the whole, we seem more than comfortable enduring chills and braving thrills to enjoy them. But what draws our attention, season after season, to things that go bump in the night? And what makes the paranormal such a powerful, and persistent, storytelling device? Mary Mullen, PhD, is an associate professor of English at Villanova University and the instructor of the course "Ghostly Matters," which delves into haunting's role in culture, history and society. From her perspective, our longstanding fascination with spirits, specters and phantoms speaks as much to our concern for the world around us as to our interest in the hereafter. "At their core, ghost stories unsettle us," says Dr. Mullen. "They raise questions about what we consider normal, what we view as 'everyday life,' what we value as 'modern' and whether the past is still with us or not." As Dr. Mullen explains, when we're presented with something that's "haunted," we're essentially being asked to consider the reasons why. The very existence of spirits, emerging from beyond the grave, compels us to reflect on their presence's meaning—and to think about what developments might draw the ire, intrigue or intervention of the dead. (When watching Steven Spielberg's "Poltergeist," for instance, a viewer might feel the movie's ghosts are completely justified in terrorizing the profit-hungry real estate firm that disturbed their eternal slumbers.) Spirits, in turn, consistently set our focus on items left unsaid, unconsidered or overlooked. Departed yet still present, drifting somewhere between this plane and the next, they often challenge the living's notions of progress, propriety and success—and signal a last-ditch effort at preserving something that has all but faded from recollection. In effect, they bring the past into dialogue with the present for the sake of the future. "Ghost stories are really useful for contemplating transition and change and what's lost in the process," says Dr. Mullen. "They give a name to things that are liminal… For example, Luke Gibbons [a professor at Maynooth University] says that ghost stories, in modern Irish writing, are frequently connected to memories that haven't yet become public history. So, they speak to facets of social life that exist, or have existed, but are not present in monuments or official accounts." From Virginia Woolf's "A Haunted House" to Toni Morrison's "Beloved," tales of the supernatural provide us with what Dr. Mullen terms "glimmers of possibilities." They serve to mirror and embody our complicated feelings on transformative happenings, whether personal, communal or generational, and they afford us the language and vocabulary to express sadness over what is done and hope for what is yet to come. "There are certainly ghost stories, like Elizabeth Bowen's 'The Demon Lover,' that end in absolute terror with no seeming resolution," says Dr. Mullen. "But I think that, in a lot of these tales, haunting leads to reconciliation, or different kinds of healing or important acknowledgements—of things that need to be acknowledged." As Dr. Mullen proceeds to explain, it's no coincidence that the roots of the contemporary ghost story can be traced to the 19th century, a period of great social upheaval, cultural displacement and scientific and technological advancement. The product and reflection of a tumultuous "new age," the genre, as we know it, took hold as a means of reckoning with that which was lost, actively transpiring and still to occur. Perhaps it's no surprise then that, as the leaves begin changing and autumn starts giving way to winter, we have an affinity for tales that center on visits from the afterlife, bridging the past, present and future. "I think that we tell ghost stories when we're open to moving beyond our sense of 'the everyday,'" says Dr. Mullen. "And there are certain points of the year, like the holidays and gatherings with family and friends, that are so rich with emotion and memory that the boundary between this world and the 'otherworld' seems maybe—just maybe—capable of being crossed."

LSU expert in social and economic issues: Rural America’s unique struggles affect how it votes
An expert in social and economic issues, Professor Slack explains the unique struggles facing rural communities—like changes in jobs, health concerns, and population shifts. In this Q&A, he clears up common misunderstandings about rural life, discusses the problems rural voters face, and explores how these issues may affect their votes in this important election. What is your area of expertise? I am a professor of sociology at LSU. My research coalesces around the areas of social stratification and social demography with an emphasis on geographic space and the rural-urban continuum as axes of difference. With my colleague Shannon Monnat (Syracuse University), I recently authored the book Rural and Small-Town America: Context, Composition, and Complexities, published by the University of California Press. What are the key socio-economic challenges facing rural voters in this election? Wow. Where to start? There are so many myths and misunderstandings about rural America. One is that “rural” is synonymous with farming. To be sure, agriculture is a vital industry in terms of sustenance and national security. But technological advances and farm consolidation—the shift from many smaller farms to fewer larger farms—means most rural Americans don’t have direct economic ties to agriculture anymore. The two largest sectors of employment in rural America today are services and manufacturing, respectively. A concern regarding the service sector is that it produces jobs that vary greatly in quality depending on people’s educational level; good professional jobs for the more educated and lower quality jobs—low wages, low hours, and few to any fringe benefits—for less educated folks. Those good professional jobs tend to be concentrated in urban areas (the emergence of remote work may reshape this in the future). Manufacturing employment, which has historically been the “good jobs” sector for less educated people, has been in steady decline in terms of its share of jobs for the past 50 years. While people sometimes think of plant and factory work as urban, it has provided a larger share of jobs and earnings in rural America for decades. Deindustrialization is causing real pain in rural America: it is one thing for a plant to shut down in a large and diversified metropolis, but quite another when it is the lone “good jobs” employer in town. Other big issues are the challenges posed by population aging and youth out-migration in rural America, as well as increasing racial and ethnic diversity. Another is the factors underlying the “rural mortality penalty”—that rural America has higher death rates and lower life expectancy than urban America. These are all pressing issues. What role will rural voters play in this close presidential race, and what may sway their vote? Rural voters will play a key role in this election, assuming the margins end up being as close as they have been in the last two presidential cycles. A persuasive working-class message and a sense that rural people and places are seen—that they aren’t just “flyover country”—will help. Given that the two leading candidates hail from New York City and San Francisco, both picked running mates with a rural and small-town backstory as a nod to that constituency. All of that said, the power of the rural vote should not be overstated. The contemporary U.S. is mainly an urban society, so the winning candidate will ultimately pull most of their votes from cities and suburbs. Can you discuss any recent research on how rural voting patterns have evolved over the last few election cycles? The short answer is that the rural vote has been steadily trending Republican for decades. The last presidential election in which voters in metropolitan and nonmetropolitan counties were essentially equal regarding party preferences was in 1976 when Jimmy Carter was elected. Since that time, the percentage of nonmetro votes for the Republican candidate has trended steadily upward. In 2020, roughly two-thirds of the nonmetro vote went to Donald Trump, more than 20 points higher than in metro counties. That said, rural voters are not a monolith. The flip side of the 2020 numbers above is that roughly 1 in 3 voters in nonmetro counties cast their ballot in the other direction. And rural places with majority Black, Latino, and Indigenous populations often vote in the Democratic column. Moreover, you have political legacies particular to certain places that matter—like the left-leaning Farmer-Labor Party in Minnesota (today the Democratic-Farmer-Labor Party or DFL) or the rural state of Vermont electing a socialist to the U.S. Senate (Bernie Sanders). So, there are notable deviations from the aggregate trend. “ The problems and prospects facing rural America in the 21st century matter for this nation. Personally, I would love to see a less ideological and more pragmatic politics emerge that puts that in focus. ” How do political campaigns target rural voters, and how effective do you think these strategies are? This is a bit outside my area of expertise, and I want to stay in my lane. But I will raise two issues. One is what the political scientist Katherine Cramer has called “rural consciousness”: a belief that rural areas are ignored by policymakers, that rural areas do not get their fair share of resources, and that rural folks have distinct values and lifestyles that are misunderstood and disrespected by city folks. The message from some quarters that rural people vote “against their own self-interest” or vote “the wrong way,” essentially that they are rubes, feeds into this. The other issue is that much of rural America is a local “news desert.” That is, there simply are no sources of comprehensive and credible local news. So, people rely on cable TV news or—if they have access to broadband—the internet. The result is that all news becomes national, even when those issues may have little bearing on local life. It used to be said that “all politics is local,” but in today’s media environment, that is increasingly untrue. Is there anything else you want to add? I would just emphasize that common myths and misunderstandings about rural America run deep. Rural America is not a paragon of stability, social and economic change abounds. And rural America is not a monolith, it is socially and regionally diverse. The problems and prospects facing rural America in the 21st century matter for this nation. Personally, I would love to see a less ideological and more pragmatic politics emerge that puts that in focus. Link to original article here.

Digital Contracting Is Broken. A Little "Friction" Could Go a Long Way in Fixing It
In mid-October, the Federal Trade Commission (FTC) announced a final “click-to-cancel” rule, which, after its provisions go into effect, will make it easier for consumers to cancel recurring memberships and subscriptions. The rule is an undoubtable victory for consumers who have run into roadblocks attempting to protect their wallets amid the flurry of oversubscription in today’s world, but it also begets an important question: Why is oversubscription occurring in the first place? “One important reason for that problem is that getting into contracts is frictionless, it’s too easy,” said Brett Frischmann, JD, the Charles Widger Endowed Professor in Law, Business and Economics in Villanova University’s Charles Widger School of Law. “The FTC is addressing a real concern in making it easier for people to exit agreements of this sort. But while making it as easy to unsubscribe as to subscribe sounds great – we all like even playing fields and symmetry – it might be better to also make subscribing a little more burdensome, so people understand what they are getting themselves into in the first place.” This idea is the focus of Frischmann’s recent paper, titled “Better Digital Contracts with Prosocial Friction-in-Design,” the publication of which coincides with public dissatisfaction over digital contracting processes. In August, Disney attempted to have a wrongful death lawsuit blocked, citing print in terms and conditions from a one-month Disney+ free trial the plaintiff signed up for in 2019. Since then, other companies have succeeded in recently blocking the commencement of similar lawsuits. In the research, Frischmann and his co-author, Rice University computer scientist Moshe Vardi, describe these contracts as “dehumanizing” and that they “undermine human autonomy and sociality, by design,” citing how they elicit behavior in a pre-determined manner (such as clicking on cue) and often include side agreements with other entities, unbeknownst to the users. “One-click” contracts rely on legal fictions, such as presuming that clicking an “I have read the terms and conditions” button actually means that they have. They are structured this way intentionally. “The idea behind digital contracting is ‘Let’s make the contract as quick as possible before people leave or change their mind,” Frischmann said. “They only want to do the minimum that the law requires, and all the law requires is notice of terms and action that says, ‘I agree.’” For these reasons, he argues, modern digital contracting contradicts the purpose of contract law in the first place; enabling people to reach genuine agreements and cooperate. “It’s antithetical to the underlying values of a contract,” Frischmann said. “Autonomy is undermined because people are not able to exercise autonomy in a meaningful way when they are not actually capable of deliberating about the terms to which they are agreeing. As for being cooperative, there is no relationship. Digital contracts are completely one-sided.” So what can be done to combat this? “Speedbumps,” Frischmann says, referring to measures that can cause friction in the contracting process to better protect the user. Physical road speedbumps represent a useful analogy, because while they make things slightly more inconvenient for the user, they are deployed strategically where other values are at stake, like the safety of children playing outside. “People tolerate speedbumps,” Frischmann says, “because they serve a social purpose. Friction in digital contracts is similar.” With respect to improving digital contracting, there are multiple measures that can be taken that inherently have such friction, but not all of them are always appropriate. Completely Automated Public Turing Test to Tell Computers and Humans Apart (CAPTCHAs), for example, are a type of friction-in-design that serve a useful social purpose (security) and have become normalized and tolerated, but some CAPTCHAs are ableist and others may generate proprietary data. Where he sees the most beneficial friction existing is in comprehension, which in software form could be completing a task or passing a test to prove an individual understands the agreement. Comprehension is the basis for one of Frischmann’s proposed alterations to contract law. Currently, the oft-criticized concept of informed consent is utilized. He argues it should be replaced with demonstrably informed consent, in essence requiring entities to further show that people truly comprehend what they are agreeing to. “Right now, individuals assent to contracts, going along with terms someone else insisted upon,” he said. “But assenting to terms is very different than being informed and consenting. To demand demonstrably informed consent shifts the burden on the provider to generate evidence showing in fact a person understood and agreed.” In the recent Disney case, for example, demonstrably informed consent would have required not just clicking an agreement when signing up for Disney+, but that Disney somehow explained to an individual that if they sign up for a free trial, they cannot take the company to court, and further generating reliable evidence that the individual understood that. If that were the case, perhaps the individual would not have signed up. “Or, they may not have ever gone to the Disney park if they had [signed up],” Frischmann said. This proposed change in contract law, along with the various potential methods of engineered friction in digital contracts all circle back to the same goal: slowing down contracting where it affects people in ways they do not understand. “You can’t have digital contracting built like a highway, where it’s all as fast as possible all the time,” Frischmann said. “For our digitally networked environment, it needs to be built like a neighborhood.”








