Social and Behavioral Sciences Commons^™

Happiness At Work: Rules For Employee Satisfaction And Engagement, Femi Cadmus

Faculty Scholarship

The concept of employee satisfaction and engagement is not new. Quite recently, however, there appears to be renewed interest in positive psychology, tracking what makes for happiness in general, and how this translates in the workplace. Cultivating and maintaining a climate and culture which breeds happy, motivated, and productive employees in a library setting requires hard work. Happiness in the workplace is not unattainable, but it requires a concerted plan of action and consistent effort by managers. Managers also need to take steps to make sure that their own personal and work needs are being taken care off to avert …

The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller

Faculty Scholarship

Classical rationality as accepted by game theory assumes that a human chooser in a given moment has consistent preferences and beliefs and that actions result consistently from those preferences and beliefs, and moreover that these preferences, beliefs, and actions remain the same across equal choice moments. Since, as is widely found in prior experiments, subjects do not follow the predictions of classical rationality, behavioral game theorists have assumed consistent deviations from classical rationality by assigning to subjects certain dispositions— risk preference, cognitive abilities, social norms, etc. All of these theories are fundamentally cognitive theories, making claims about how individual human …

Book Review, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

The Mythology Of Game Theory, Mathew D. Mccubbins, Mark Turner, Nick Weller

Faculty Scholarship

Non-cooperative game theory is at its heart a theory of cognition, specifically a theory of how decisions are made. Game theory's leverage is that we can design different payoffs, settings, player arrays, action possibilities, and information structures, and that these differences lead to different strategies, outcomes, and equilibria. It is well-known that, in experimental settings, people do not adopt the predicted strategies, outcomes, and equilibria. The standard response to this mismatch of prediction and observation is to add various psychological axioms to the game-theoretic framework. Regardless of the differing specific proposals and results, game theory uniformly makes certain cognitive assumptions …

American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy

Faculty Scholarship

There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …

Analysis And Synthesis Of Metadata Goals For Scientific Data, Craig Willis, Jane Greenberg, Hollie C. White

Faculty Scholarship

The proliferation of discipline-specific metadata schemes contributes to artificial barriers that can impede interdisciplinary and transdisciplinary research. The authors considered this problem by examining the domains, objectives, and architectures of nine metadata schemes used to document scientific data in the physical, life, and social sciences. They used a mixed-methods content analysis and Greenberg’s (2005) metadata objectives, principles, domains, and architectural layout (MODAL) framework, and derived 22 metadata-related goals from textual content describing each metadata scheme. Relationships are identified between the domains (e.g., scientific discipline and type of data) and the categories of scheme objectives. For each strong correlation …

The Challenge Of Flexible Intelligence For Models Of Human Behavior, Mathew D. Mccubbins, Mark Turner, Nicholas Weller

Faculty Scholarship

Game theoretic predictions about equilibrium behavior depend upon assumptions of inflexibility of belief, of accord between belief and choice, and of choice across situations that share a game-theoretic structure. However, researchers rarely possess any knowledge of the actual beliefs of subjects, and rarely compare how a subject behaves in settings that share game-theoretic structure but that differ in other respects. Our within-subject experiments utilize a belief elicitation mechanism, roughly similar to a prediction market, in a laboratory setting to identify subjects’ beliefs about other subjects’ choices and beliefs. These experiments additionally allow us to compare choices in different settings that …

Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.

Multisite Recruitment And Data Collection Among Older Adults : Exploring Methods To Conserve Human And Financial Resources., Valerie Lander Mccarthy, Karen Cassidy

Faculty Scholarship

The purpose of this article is to describe strategies that were effective in recruitment and data collection among older adults in 3 quantitative studies while decreasing costs in terms of time and money. Factors effective in reducing use of investigators' time and expenses included limiting exclusion of data because of abnormal Mini-Cog scores by careful initial screening and avoiding repeated reminders or follow-up, collecting data in small groups, collapsing consent, dementia screening, and data collection into single sessions, as well as accommodating for sensory and literacy deficits. The cross-sectional, descriptive studies were conducted among community-dwelling older adults attending senior citizen …

Creating A Sustainable Partnership : Information Literacy Instruction For An Honors Program First-Year Orientation., Anna Marie Johnson

Faculty Scholarship

The information literacy literature contains many articles highlighting new instruction initiatives but few articles documenting sustainable ones. This article examines the literature on library partnerships in general and Honors Programs specifically and reports on the evolution of an ongoing fifteen year partnership between the University of Louisville Honors Program and the Ekstrom Library. It then discusses the development of this partnership and the changes in the information literacy program engendered by this partnership. It ends by defining some of the elements that made the partnership sustainable, ones that could potentially be transferred to other such partnerships.

Measuring Ambivalence About Government In The 2006 Anes Pilot Study., Michael D. Martinez, Jason Gainous, Stephen C. Craig

Faculty Scholarship

Although scholars increasingly recognize that people often possess multiple and even conflicting attitudes about a given topic, our understanding of the nature, causes, and consequences of such attitudinal ambivalence is limited by a lack of consensus as to how the concept should be operationalized. In this paper, we examine three separate measures (one subjective, two operative) of ambivalence regarding "the federal government in Washington" that were asked in the 2006 ANES Pilot Study. Our findings indicate that while the operative measures are less susceptible to question-order and response-order effects, none of the three indicators fares particularly well in various other …

Federalism As A Safeguard Of The Separation Of Powers, Jessica Bulman-Pozen

Faculty Scholarship

States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in an era of expansive executive power and how they do so as champions of Congress, both relying on congressionally conferred authority and casting themselves as Congress's faithful agents. By inviting the states to carry out federal law, Congress, whether purposefully or incidentally, counteracts the tendency of statutory ambiguity and broad delegations of authority to enhance federal executive power. When states disagree with …

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

Dispersed Ownership: The Theories, The Evidence, And The Enduring Tension Between "Lumpers" And "Splitters", John C. Coffee Jr.

Faculty Scholarship

This article argues that dispersed ownership resulted less from inexorable forces and more from private ordering. Neither legal nor political conditions mandated or prevented the appearance of dispersed ownership. Rather, entrepreneurs, investment bankers, and investors — all seeking to maximize value — sometimes saw reasons why selling control into the public market would maximize value for them. But when and why? That is the article's focus. It argues that law played less of a role than specialized intermediaries — investment banks, securities exchanges, and other agents — who found it to be in their self-interest to foster dispersed ownership and …

The Governance Of China’S Finance, Katharina Pistor

Faculty Scholarship

This chapter examines the governance of China's financial system, which, it shows, cannot be adequately explained using conventional paradigms that rely on ownership and legal or regulatory controls alone. Instead, China's governance regime relies heavily on human resource management, which uses control rights over the career path of top-level financial cadres. A commentary is included at the end of the chapter.

The Age Of Greed And The Sabotage Of Regulation, Rena I. Steinzor

Faculty Scholarship

President Obama has exhibited a steadfast determination to respond with conciliation to intemperate and relentless demands by his political opponents that he dismantle regulation because it is undermining the nation’s economy. Viewed from the perspective of winning either political support or the basis for compromise with Republican legislative leaders, his concessions seem not only to have failed, but have also made matters significantly worse because, as negotiation experts would remind us, responding to highly competitive negotiation tactics with conciliation incites escalating confrontations and even more extreme demands.

The Article uses the Administration’s decision to kill a proposed rule updating “hazardous …

Slavery In The United States: Persons Or Property?, Paul Finkelman

Faculty Scholarship

No abstract provided.

Valuing Health Care: Improving Productivity And Quality, Barak D. Richman, Arti K. Rai

Faculty Scholarship

No abstract provided.

Women Religious In A Changing Urban Landscape: The Work Of Catholic Sisters In Metropolitan Cleveland, Robert L. Fischer, Jennifer Bartholomew

Faculty Scholarship

In many communities, women religious play a vital role in addressing the needs of the poor, neglected, and vulnerable members of society. Catholic Sisters have long been active in the areas of education, health care, outreach, and advocacy in northeast Ohio. In high-poverty urban areas such as Cleveland, women religious continue to provide essential services, support, and spiritual guidance. The experience in Cleveland is relevant to other cities where the population has shifted from an urban center to suburban areas, leaving inner-city churches with declining membership and support. Survey data collected from 164 Catholic Sisters from fifteen religious orders in …

Book Review, Samuel W. Buell

Faculty Scholarship

No abstract provided.

Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro

Faculty Scholarship

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …

Examining Associations Between Classroom Environment And Processes And Early Mathematics Performance From Pre-Kindergarten To Kindergarten., Victoria J. Molfese, Todd Brown, Jill L. Adelson, Jennifer Beswick, Jill Jacobi-Vessels, Lana Thomas, Melissa Ferguson, Brittany Culver

Faculty Scholarship

One benefit of the No Child Left Behind legislation (2001) has been the increasing attention on the importance of the skills learned in the pre-kindergarten period for later academic achievement. There is a growing awareness that mathematics skills in kindergarten and beyond are influenced by the formal and informal mathematics skills acquired in the pre-kindergarten classroom. In recent years, a body of research has emerged pointing to the contributions to children’s learning from pre-kindergarten program quality as indexed by structure and process elements in the classroom. Results from this study point to three major findings. First, the growth of mathematics …

"Research Papers Have Always Seemed Very Daunting" : Information Literacy Narratives And The Student Research Experience., Robert Detmering, Anna Marie Johnson

Faculty Scholarship

Taking an interdisciplinary approach that draws on narrative theory, composition scholarship, and investigations into the affective dimensions of the research process, this article discusses stories written by college students about their experiences locating, evaluating, and using information in the context of academic research. These narratives provide insight into how students conceptualize the research process and perceive their often tenuous roles as researchers. A textual analysis of a selection of student narratives is included, demonstrating how narrative not only enhances our understanding of the research experience but also enables students to raise larger questions about authenticity and power in the classroom.

Marriage Fraud, Kerry Abrams

Faculty Scholarship

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …

An Economic Perspective On Preemption, Keith N. Hylton

Faculty Scholarship

This Essay has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.

Sovereign Wealth Funds And Global Finance, Katharina Pistor

Faculty Scholarship

This chapter focuses on a number of specific sovereign wealth funds (SWFs) whose portfolios indicate strong interests in finance both in their home countries and abroad. It first reviews empirical evidence that shows SWFs having been major investors in Western financial intermediaries for decades. It then considers the organization and governance of SWFs, with particular emphasis on the three main schools of thought as well as the predictions one can derive from them vis-à-vis the behavior of individual actors in the global financial network: economic theories, economic sociology, and political economy. It also presents case studies that “test” these theories …

Experimentalist Governance, Charles F. Sabel, Jonathan Zeitlin

Faculty Scholarship

This article discusses the concept of the so-called experimentalist governance. It explains that the experimentalist architecture in regulation is well illustrated by the European Union Water Framework Directive (WFD) and its Common Implementation Strategy. The article suggests that experimentalism appears particularly well suited to transnational domains, where there is no overarching sovereign with the authority to set common goals even in theory, and where the diversity of local conditions and practices makes the adoption and enforcement of uniform fixed rules even less feasible than in domestic settings.