Digital Commons Network^™

Rationalizing Cost Allocation In Civil Discovery, A. Benjamin Spencer

Faculty Publications

A movement is afoot to revise the longstanding presumption that in civil litigation the producing party bears the cost of production in response to discovery requests. An amendment to Rule 26( c )-which took effect in December 2015-makes explicit courts' authority to issue protective orders that shift discovery costs away from producing parties. But this authority is not new; what is new is what may be coming next-an undoing of the producer-pays presumption itself. Thus far, the sentiment to move in this direction has been slightly below the radar, advocated by probusiness interest groups and advocates before the Advisory Committee …

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Faculty Publications

No abstract provided.

New Slaves: Kanye West, Brad Paisley, And Contemporary Confederate-Flag Discourse In Popular Music Iconography, Kenneth Hartvigsen

Faculty Publications

One hundred and fifty years after Appomattox, the iconographic remains of America’s Civil War are still contested symbolic artifacts. Case in point: at the writing of this paper a state bill sat on California Governor Jerry Brown’s desk which would ban the sale of the Confederate flag or any merchandise with Confederate flag imagery on state property. Thus California has become the most recent battleground of the war between the states, or to word it in more precise language, California legislators have entered the debate over who controls a flag’s meaning and memory.

Normative Stakeholder Capitalism: Getting From Here To There, Marc-Charles Ingerson, Bradley R. Agle, Thomas Donalson, Paul C. Godfrey, Jared D. Harris, Jeffrey S. Harrison, Adrian Keevil, Ronald K. Mitchell, Robert A. Phillips

Faculty Publications

The capability of normative declarations to alter outcomes is well accepted. 'We hold these truths to be self-evident ... ,' 'inalienable rights, ... life, liberty, ... pursuit of happiness, .. .' and similar statements contain within them social energy that inspires the mind, justifies new modes of thought, and enables change .... Normative discourse, we therefore believe, must continue to be endemic to stakeholder theory and research if scholars want this theory to flourish and fulfill its aims as a theory of the firm-not the least of which is attending to the long-run interests of both the business corporation and …

The Tale Of Two Economies: A Comparative Macroeconomic Analysis Of Palo Alto And East Palo Alto, Aditya Kotak, Safwan Siddiqi, Fred Foldvary

Faculty Publications

Cities in the USA have experienced diverse growth rates and levels of prosperity. Some cities flourish in prosperity, while others suffer economic recession. This study examines why cities have had different outcomes. We investigated three elements: 1) What are the factors that play a role in the shaping of a municipal’s economy? 2) What are the implications of these factors? 3) Which policies promote economic growth and prosperity? This essay aims to offer policy directions for cities that are not performing well. The paper applies a comparative analysis of two nearby cities, a flourishing economy contrasted with a troubled economy. …

Citizen‐Science Data Provides New Insight Into Annual And Seasonal Variation In Migration Patterns, Sarah R. Supp, Frank A. La Sorte, Tina A. Cormier, Marisa C.W. Lim, Donald R. Powers

Faculty Publications

No abstract provided.

Effective Innovation Policies For Development: Uganda, Julius Ecuru, Dick Kawooya

Faculty Publications

No abstract provided.

Diet Of Larval Ambystoma Altamiranoi From Llano De Los Axolotes, Mexico, J. A. Lemos-Espinal, Geoffrey R. Smith, G. A. Woolrich-Pina

Faculty Publications

No abstract provided.

Amphibians And Reptiles Of The State Of Hidalgo, Mexico, J. A. Lemos-Espinal, Geoffrey R. Smith

Faculty Publications

No abstract provided.

Meaningful Relationships: Collaborative Anthropology And Mentors From The Field, Sarah Ashley Kistler

Faculty Publications

In this article, I explore my collaboration with my long-time colleague in ethnographic research, Sebastian Si Pop, and our work on a collaborative ethnohistory project in Chamelco. In doing so, I examine the role that indigenous colleagues play in mentoring anthropologists. I argue that anthropologists develop the most meaningful relationships of their academic careers with the people that they meet in the field. These colleagues and friends often go underappreciated and unacknowledged in our resulting scholarship, even when they play crucial roles in our lives.

Passings, Lisa M. Tillmann Ph.D.

Faculty Publications

The author, a heterosexual woman, and Gordon Bernstein, a gay man, have been friends and research collaborators since 1995. In 2004, the author accompanied Gordon on a trip to his hometown of Philadelphia to conduct fieldwork and interview family members. This project ethnographically explored personal and relational opportunities and challenges associated with coming out in a family system defined by avoidant communication, hegemonic masculinity, and terminal illness.

The Multidimensional Quality Metrics (Mqm) Framework: A New Framework For Translation Quality Assessment, Valerie Mariana, Troy L. Cox, Alan Melby

Faculty Publications

Determining translation quality requires a precise measure of the traits being examined. This article evaluates a new framework for translation quality evaluation, Multidimensional Quality Metrics (MQM), to the task of grading student translations. It demonstrates the viability (i.e. the practicality, validity and reliability) of using the MQM framework by novice raters to judge translations based on the American Translators Association’s translator certification exam grading system. The data gathered for this study were drawn from 29 student translations of a single news story that were rated by nine novice and two expert raters. The study used average time on task, correlations …

Conceptualizing Structured Experiences: Seeking Interdisciplinary Integration, Mat D. Duerden, Peter Ward, Patti A. Freeman

Faculty Publications

While consensus exists around the importance of providing structured experiences, the industries interested in offering such experiences lack a common body of shared knowledge about how most effectively to do so. Potentially complementary research on structured experiences remains fragmented across multiple fields such as leisure, tourism, and marketing. The purpose of this paper, therefore, was first to review and then integrate this scattered literature into a structured experience framework in order to facilitate experience-related research with broader applicability for both commercial and public organizations interested in providing structured experiences.

Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu

Faculty Publications

In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee’s ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee’s right. Since globalized intellectual property standards were established through international agreements and much of the resistance to intellectual property …

Droughts, Floods, And Wildfires: Paleo Perspectives On Disaster Law In The Anthropocene, Ryan Stoa

Faculty Publications

Humanity’s impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modern geological age — the “Anthropocene.” The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveals a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular, are often conceptualized …

Law In East Florida 1783-1821, M C. Mirow

Faculty Publications

Using primary sources from the East Florida Papers, this article explores colonial legality in St. Augustine and the Province of East Florida during the second Spanish period from 1783 to 1821. In addition to discussing the promulgation of the Constitution of Cádiz and its effects, the article reaches into legal records dealing with civil and testamentary cases to explore and to describe aspects of private law in this North American Spanish colony. Economic and social relations are revealed in the sources that are rich in legal information concerning slavery, family, religion, trade, and landholding. The article concludes that the sources …

Measuring Student Engagement In Technology-Mediated Learning: A Review, Curtis R. Henrie, Lisa R. Halverson, Charles R. Graham

Faculty Publications

Using digital technology to deliver content, connect learners, and enable anytime, anywhere learning is increasing, but keeping students engaged in technology-mediated learning is challenging. Instructional practices that encourage greater engagement are essential if we are to effectively use digital instructional technologies. To determine the impact of innovative instructional practices on learning, we need useful measures of student engagement. These measures should be adaptable to the unique challenges to studying technology-mediated learning, such as when students learn at a distance or in a blended learning course. In this review, we examine existing approaches to measure engagement in technology-mediated learning. We identify …

Association Between Toxocariasis And Cognitive Function In Young To Middle-Aged Adults, Bruce L. Brown, Lance D. Erickson, Shawn D. Gale, Andrew Berrett, Dawson W. Hedges

Faculty Publications

The ascarid nematodes Toxocara canis (Werner, 1782) and Toxocara cati (Schrank, 1788) may infect humans resulting in toxocariasis. A prior study associated species of Toxocara Stiles, 1905 with cognitive deficits in children. To determine if a similar association between toxocariasis and cognition exists in adults, we analysed a large dataset from the United States’ Center for Disease Control’s National Health and Nutrition Examination Survey. We used linear-regression and multivariate models to examine the association between toxocariasis as assessed by the presence of anti-Toxocara IgG antibodies and three measures of cognitive function – simple reaction time (SRT), symbol-digit substitution (SDS) and …

Sacred Violence: When Ancient Egyptian Punishment Was Dressed In Ritual Trappings, Kerry Muhlestein

Faculty Publications

Despite gaping holes in our knowledge of ancient Egyptian laws and punishments, the sheer amount of data available for that long-lasting culture dictates that we limit our study of punishments both topically and temporally. This article will investigate the topic of ritual-associated killing from the Old Kingdom through the Libyan era. Earlier phases of Egyptian history yield evidence of ritual killing, such as the retainer burials associated with Early Dynastic kings or the labels of Aha and Djer (fig. 1), that seem to depict ritual slaughter. Whatever the nature of these seeming programs of ritual slaying, we cannot trace a …

Beginnings: The Viejo Period, Jane H. Kelley, Michael T. Searcy

Faculty Publications

he history of the Medio Period is marked by population growth, aggregation, ideological shifts, and the building of the large, central polity of Paquimé (Casas Grandes). But before this colossal social transformation took place, people in northwest Chihuahua lived a lifestyle that had persisted for at least 400 years, which is known as the Viejo Period. his period is far from the beginning of human occupation in this area; Paleo points, extensive Archaic remains, the early agricultural site of Cerro Juanaqueña (Hard and Roney 1998), and an early pithouse period preceded Paquimé and can be seen as more distant precursors …

Sibling Snapshots: Living With Youth Who Have Autism Or Down Syndrome, Tina M. Taylor, Jessica L. Rosemann, Aimee L. Latta Palicharla, Tammy Rampton, Barbara Mandleco, Donna Freeborn

Faculty Publications

This study used photography to capture important symbols in the lives of 14 siblings of 13 youth with autism (ASD) and 16 siblings of 15 youth with Down syndrome (DS), and then determine if there were differences in photographs taken according to type of developmental disability, age, and gender of the sibling. Photographs were divided into two categories: photographs of people, including family and non-family members, and non-people, including personal items/objects, animals, and buildings/scenery. Siblings of youth with DS took a higher percent age of photographs of people and family members than siblings of youth with ASD. There were also …

Utah’S Role In Protecting The Mormon Trail During The Civil War, Kenneth L. Alford Ph.D.

Faculty Publications

This chapter (from the 2015 book “Far Away in the West: Reflections on the Mormon Pioneer Trail” published by the Brigham Young University Religious Studies Center) sets the stage for Utah Territory’s role protecting the Mormon Trail during the Civil War by outlining the Utah War (1857-1858). This essay begins by comparing and contracting Washington, DC’s wartime interest in the trail with that of The Church of Jesus Christ of Latter-day Saints and Utah Territory. The essay then outlines the changing parties who were responsible for the trail between 1861 and 1865 – the U.S. Army (spring-summer 1861), no one …

New Essays On Clint Eastwood, Dennis Cutchins

Faculty Publications

As John M. Gourlie and Leonard Engel state in their introduction to New Essays on Clint Eastwood, the intention of this collection of essays is “both to expand our understanding of individual films and to deepen our overall appreciation of Eastwood’s artistry as, through the various stages of his career, he becomes an even greater master of his craft” (2). In these goals the collection succeeds. The essays are not all equal in their value, and the collection lacks an overall unity, but for Eastwood scholars this is a useful and worthwhile book.

Faces And Figures Of Fortune: Astrological Physiognomy In Tamburlaine Part 1., Vanessa I. Corredera

Faculty Publications

When articulating the relationship between man and the world around him (or her), George Peele imagines man as a canvas, a 'picture' of the universe, a microcosm whose makeup carries the 'face' or the viewable surface of the macrocosm. Peele's statement perfectly encapsulates the early modern belief in signatures and correspondences, in which 'Individual objects on earth...contain the signature of the heavenly bodies to which they supposedly correspond'. By envisioning man as a 'picture', Peele conceives of the universe as readily legible upon the human body. In his discussion of the history of signatures and correspondences in The Order of …

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

First Successful Capture And Satellite Tracking Of A West Indian Manatee (Trichechus Manatus) In Panama: Feasibility Of Capture And Telemetry Techniques, Daniel Gonzalez-Socoloske, James P. Reid, Carlos Espinoza-Marin, Kherson E. Ruiz, Kenneth E. Glander, Leon David Olivera-Gomez

Faculty Publications

It is currently unknown how important the Central American countries south of Belize are as a link between manatee populations in the north (Belize and Mexico) and populations in South America. Therefore, apart from knowing where manatees are found, it is important to understand how manatees are using these habitats and if they are moving between countries or distinct population centers. Here we report the results of a multi-national and multiinstitutional collaboration resulting in the first successful capture and satellite tracking of a West Indian manatee in southern Central America.

Smooth Positive Solutions To An Elliptic Model With C2 Functions, Joon Hyuk Kang

Faculty Publications

Two species of animals are competing or cooperating in the same environment. Under what conditions do they coexist peacefully? Or under what conditions does either one of the two species become extinct, that is, is either one of the two species excluded by the other? We investigate this phenomena in mathematical point of view.

In this paper we concentrate on coexistence solutions of the competition or cooperation model

This system is the general model for the steady state of a competitive or cooperative interacting system depending on growth conditions for and . The techniques used in this paper are elliptic …

Shakespeare In The Nineteenth Century; Shakespeare, Time And The Victorians: A Pictorial Exploration, Daniel Pollack-Pelzner

Faculty Publications

Daniel Pollack-Pelzner reviews Shakespeare in the Nineteenth Century (edited by Gail Marshall) and Shakespeare, Time and the Victorians: A Pictorial Exploration (by Stuart Sillars) for Victorian Studies.

A Kinect-Based System For Automatic Recording Of Some Pigeon Behaviors, Damian Lyons, James Macdonall, Kelly Cunningham

Faculty Publications

Contact switches and touch screens are the state of the art for recording pigeons’ pecking behavior. Recording other behavior, however, requires a different sensor for each behavior, and some behaviors cannot easily be recorded. We present a flexible and inexpensive image-based approach to detecting and counting pigeon behaviors that is based on the Kinect sensor from Microsoft. Although the system is as easy to set up and use as the standard approaches, it is more flexible because it can record behaviors in addition to key pecking. In this article, we show how both the fast, fine motion of key pecking …

Neural Biomarkers For Assessing Different Types Of Imagery In Pictorial Health Warning Labels For Cigarette Packaging: A Cross-Sectional Study, Roger D. Newman-Norlund, Jim Thrasher, Johann Fridriksson, William Brixius, Brett Froeliger, David Hammond, Michael K. Cummings

Faculty Publications

Objective Countries around the world have increasingly adopted pictorial health warning labels (HWLs) for tobacco packages to warn consumers about smoking-related risks. Research on how pictorial HWLs work has primarily analysed self-reported responses to HWLs; studies at the neural level comparing the brain's response to different types of HWLs may provide an important complement to prior studies, especially if self-reported responses are systematically biased. In this study we characterise the brain's response to three types of pictorial HWLs for which prior self-report studies indicated different levels of efficacy.

Methods Current smokers rated pictorial HWLs and then observed the same HWLs …