Digital Commons Network^™

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Faculty Publications

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …

A Reanalysis Of Population Dynamics In The Casas Grandes Region Of Northern Mexico Using Mitochondrial Dna, Meradeth Snow, Michael T. Searcy

Faculty Publications

The Casas Grades region in northwest Chihuahua, Mexico, is ideally situated to explore the notion of contact between the Southwest/Northwest and Mesoamerica, as it lies geographically in the borderlands where traditions of both culture areas were practiced. In order to explain these ties, past researchers have suggested the flourishing Casas Grandes population in the thirteenth century AD was caused by migrants from Mesoamerica, as first suggested by Di Peso in his pochteca hypothesis. Others, such as Lekson and his Chaco Meridian hypothesis, suggest migration from the north. Mitochondrial genetic data from earlier and later time periods provides the ability to …

Experience Design And The Origins And Aims Of Leisure Studies: Shifting The Focus From Context To Experience, Mat D. Duerden

Faculty Publications

This article, adapted from the 2019 Butler Lecture at the NRPA National Research session, provides an overview of the origins, development, and potential future trajectory of the field of leisure research. Economic and societal trends of the last few decades may signal the need for the field to intentionally transition its focus on leisure as a context to leisure as an experience. More specifically the field needs to actively consider how insights gained from 60 years of research on leisure experiences can be applied to contexts beyond leisure. To illustrate the possibility of such a shift, lessons learned from transitioning …

The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer

Faculty Publications

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …

Antidiscrimination Law Through A Sociolegal Lens, Anna Offit

Faculty Publications

This Symposium invites reflection on whether the Anthropology of Law has “any space left for the content of rules” at a time when the concerns of legal anthropologists have largely shifted to processes, materials, and practices that are “adjacent to law.” Taking the jury system as an illustrative case, this Essay advocates for the relevance and value of the anthropological study of rules, their content, and their effects. Looking in particular at antidiscrimination rules derived from Batson v. Kentucky, decided in 1986, it argues that a sociolegal, ethnographic approach to how lawyers perpetuate discrimination in jury selection offers insight …

The Last Breakfast With Aunt Jemima And Its Impact On Trademark Theory, Deborah R. Gerhardt

Faculty Publications

The generally-accepted law and economics theory of trademarks fails to explain why a brand owner would ever walk away from a trademark that generates financially lucrative returns. In 2020, that is exactly what happened again and again as brand owners pledged to abandon racially explicit marks in the weeks following George Floyd’s murder. As citizens became more attuned to the experiences of those depicted in racial marks, the owners of Aunt Jemima, Uncle Ben’s, the Cleveland Indians, the Redskins, the Dixie Chicks, Lady Antebellum and others announced these brands’ days were numbered. By evoking racist stereotypes, they became a moral …

Citation Stickiness, Computer-Assisted Legal Research, And The Universe Of Thinkable Thoughts, Aaron S. Kirschenfeld, Alexa Z. Chew

Faculty Publications

This article seeks to answer two main questions. The first is whether courts cited the same cases as the parties more often during the print era than during the digital era. The second is what, if anything, the answer to the first question can contribute to the debate about how print-era forms of organizing and describing case law influenced researchers’ behavior. To that end, we sampled cases from 1957, 1987, and 2017, and used “citation stickiness” to study the differences in how parties and judges cited authorities during each of those years. In short, we found that there is less …

Growth In Snapping Turtle, Chelydra Serpentina (Testudines: Chelydridae) In Northern Indiana, John B. Iverson, Geoffrey R. Smith, Jessica E. Rettig

Faculty Publications

No abstract provided.

Wetland Construction, Restoration, And Integration: A Comparative Review, Douglas J. Spieles

Faculty Publications

No abstract provided.

Macroarchaeology, Epistomology, And The Quality Of The Archaeological Record, James R. Allison

Faculty Publications

Perrault (2019) combines a critique of current archaeological practice with a call to re-center research on questions of culture history as well as “macroarchaeology”, or the search for large-scale patterns of human behavior and cultural development. His arguments for what archaeologists should do (and stop doing) are driven by the way the quality of the archaeological record underdetermines the answers to questions that archaeologists often seek to answer. There is much to like in Perrault’s arguments, but there also are some problematic aspects. I agree that something like Perrault’s macroarchaeology should receive greater focus within the discipline, and that archaeologists …

Hinterlands To Cities: The Archaeology Of Northwest Mexico And Its Vecinos, Matthew C. Pailes, Michael T. Searcy

Faculty Publications

Tis approachable book is a comprehensive synthesis of Northwest Mexico from the US border to the Mesoamerican frontier. Filling a vital gap in the regional literature, it serves as an essential reference not only for those interested in the specific history of this area of Mexico but western North America writ large. A period-by-period review of approximately14,000 years reveals the dynamic connections that knitted together societies inhabiting the Sea of Cortez coast, the Sonoran and Chihuahuan deserts, and the Sierra Madre Occidental. Networks of interaction spanned these diverse ecological, topographical, and cultural terrains in the millennia following the demise of …

Fremont Smoke Mixtures: Botanical Analyses Of Pipes From Wolf Village, Goshen, Utah, Michael T. Searcy, Hannah Stefffensen, Scott Ure

Faculty Publications

Over several field seasons, ceramic and stone pipes were recovered from the Fremont site of Wolf Village (AD 1000-1100). Nine of the more complete pipes included residue and burned dottle that were analyzed for macrobotanical and microbotanical remains. Three were subjected to FTIR. These analyses represent the first Fremont pipes ever analyzed for botanical remains, and the results reported in this paper provide conclusions regarding possible smoke mixtures used by the Fremont. Contents of the pipes included remains of tobacco, plants from the Amaranthaceae family, maize fragments, grasses, and various fuel woods.

Book Review Of Early Farming And Warfare In Northwest Mexico (Robert Jarratt Hard And John R. Roney), Michael T. Searcy

Faculty Publications

Like many archaeologists working in northern Mexico and the US Southwest, I have eagerly anticipated this volume and its reporting of the Early Agricultural (Middle-Late Archaic) occupation in northwestern Chihuahua. Primarily, it documents the research conducted by the coauthors over several years at sites known as cerros de trincheras, or terraced hills. These were massive construction projects resulting in habitational terraces built by early maize farmers who began to settle in the Casas Grandes River Valley and surrounding areas more than 3,000 years ago.

Redating Paquimé And The Convento Site Sixty Years After The Joint Casas Grandes Expedition In Northwestern Mexico, Samuel Jensen, Michael T. Searcy, Meradeth Snow

Faculty Publications

Debates continue regarding the rise of the Late Prehistoric (post-AD 1200) city of Paquimé in northwestern Chihuahua, Mexico. Unfortunately, the established chronology of the site was flawed due to incorrect interpretations of dendrochronological samples that lacked cutting dates (i.e., outer rings). While Dean and Ravesloot (1993) were able to determine this mistake through a reanalysis of the original chronological sequence, no attempts have been made to revise the chronology using new dates. This poster reports the results of new radiocarbon dates analyzed from samples of human remains found at Paquimé during the Joint Casas Grandes Expedition from 1958 to 1961. …

Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill

Faculty Publications

Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …

Automated Video Interviewing As The New Phrenology, Ifeoma Ajunwa

Faculty Publications

This Article deploys the new business practice of automated video interviewing as a case study to illuminate the limitations of traditional employment antidiscrimination laws. Employment antidiscrimination laws are inadequate to address the unlawful discrimination attributable to emerging workplace technologies which gatekeep employment opportunities. The Article maintains that the practice of automated video interviewing is based on shaky or unproven social scientific principles that disproportionately impact racial minorities. In this way, the practice of automated video interviewing is analogous to the pseudoscience of phrenology, which enabled societal and economic exclusion through the legitimization of eugenicist and racist attitudes. After parsing the …

White Injury And Innocence: On The Legal Future Of Antiracism Education, Osamudia James

Faculty Publications

In the wake of the “racial reckoning” of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in executive orders prohibiting its adoption in the federal government, the introduction or adoption of over sixty state-level bills attempting to control how race is taught in schools, and a round of lawsuits challenging antiracism education as racially discriminatory. Because antiracism so directly runs afoul of norms underlying American antidiscrimination law, including anticlassification, …

Occasions, Purposes, And Contexts For Offering Snacks To Preschool-Aged Children: Schemas Of Caregivers With Low-Income Backgrounds, Christine E. Blake, Kirsten K. Davison, Rachel E. Blaine, Jennifer O. Fisher

Faculty Publications

Objective Snacking among preschool aged children is nearly universal and has been associated with overconsumed nutrients, particularly solid fats and added sugars (SoFAS). This research examined caregivers’ schemas, or cognitive frameworks, for offering snacks to preschool-aged children.

Methods A qualitative design utilizing card sort methods was employed. Participants were 59 Black, Hispanic, and White caregivers of children aged 3–5 years with low-income backgrounds. Caregivers sorted 63 cards with images of commonly consumed foods/beverages by preschool-aged children in three separate card sorts to characterize snacking occasions, purposes, and contexts. The mean SoFAS content (kcal/100 g) of foods/beverages was evaluated by snacking …

Impact Of Metropolization On The Crime Structure (Case Study Of Provincial Capitals In Poland), Natalia Sypion-Dutkowska, Michael Leitner, Marek Dutkowski

Faculty Publications

The aim of this study is to verify the hypothesis that the rapid metropolization process that has been taking place in large Polish cities since the beginning of the second phase of post-communist transition in 2000 leads to their socio-economic diversity, which is manifested, among others, in the differentiation of the level and structure of crime. Introduced into the discourse of this paper are subsequent stages of metropolization, which are called potential, initiating, advanced, and mature and which the examined cities have achieved so far. These stages have led to various economic and social effects, which resulted in changes in …

Experimental Investigation Of The Aerodynamics Of A Large Industrial Building With Parapet, Aly Mousaad Aly, Matthew Thomas, Hamzeh Gol-Zaroudi

Faculty Publications

The aerodynamic performance of a roof depends significantly on its shape and size, among other factors. For instance, large roofs of industrial low-rise buildings may behave differently compared to those of residential homes. The main objective of this study is to experimentally investigate how perimeter solid parapets can alter the flow pattern around a low-rise building with a large aspect ratio of width/height of about 7.6, the case of industrial buildings/shopping centers. Solid parapets of varied sizes are added to the roof and tested in an open-jet simulator in a comparative study to understand their impact on roof pressure coefficients. …

The Promise And The Provocation: The Sinai Narrative, Dan Belnap, Daniel L. Belnap

Faculty Publications

Following the deliverance from the Red Sea, the Israelites encamped at Sinai, where events would take place that defined them from that period on, such as receiving the law of Moses and the rites associated with the tabernacle. For Latter-day Saints, perhaps even more significant is the event of the provocation, an event that is alluded to in Restoration scripture and that addresses the most profound of religious experiences: entering into the presence of God. Dan Belnap and Andrew Skinner explore the ramifications of the Sinai narrative in this chapter, noting in particular that the promises made to the Israelites …

Use Of Racial And Ethnic Categories In Medical Testing And Diagnosis: Primum Non Nocere, Jay S. Kaufman, Joanna Merckx, Richard S. Cooper

Faculty Publications

BACKGROUND: Use of race and ethnicity is common in medical tests and procedures, even though these categories are defined by sociological, historical, and political processes, and vary considerably in their definitions over time and place. Because all societies organize themselves around these constructs in some way, they are undeniable facets of the human experience, with myriad health consequences. In the biomedical literature, they are also commonly interpreted as representing biological heterogeneity that is relevant for health and disease. CONTENT: We review the use of race and ethnicity in medical practice, especially in the USA, and provide 2 specific examples to …

Sexual Dimorphism In Titi Monkeys’ Digit (2d:4d) Ratio Is Associated With Maternal Urinary Sex Hormones During Pregnancy, Alexander Baxter, Elizabeth K. Wood, Lynea R. Witczak, Karen L. Bales, James Dee Higley

Faculty Publications

The second-to-fourth digit (2D:4D) ratio is a sexually-dimorphic biomarker for prenatal sex hormone exposure. We investigated whether titi monkeys (Plecturocebus cupreus) exhibit sexually-dimorphic 2D:4D ratio, and whether variation in 2D:4D ratio correlates with maternal testosterone and estrogen levels during early pregnancy. Subjects were 61 adult titi monkeys (32 males, 29 females). For 26 subjects, maternal urine samples were collected approximately 15–20 weeks before birth and assayed for testosterone and estrone conjugate (E1C). Titi monkeys exhibited a human-like pattern of sexual dimorphism in right-hand 2D:4D ratio, with females exhibiting higher 2D:4D ratio than males (β = −0.29, p = .023). For …

Shape-Based Classification Of Partially Observed Curves, With Applications To Anthropology, Gregory J. Matthews, Karthik Bharath, Sebastian Kurtek, Juliet K. Brophy, George K. Thiruvathukal, Ofer Harel

Faculty Publications

We consider the problem of classifying curves when they are observed only partially on their parameter domains. We propose computational methods for (i) completion of partially observed curves; (ii) assessment of completion variability through a nonparametric multiple imputation procedure; (iii) development of nearest neighbor classifiers compatible with the completion techniques. Our contributions are founded on exploiting the geometric notion of shape of a curve, defined as those aspects of a curve that remain unchanged under translations, rotations and reparameterizations. Explicit incorporation of shape information into the computational methods plays the dual role of limiting the set of all possible completions …

The Individual Water Insecurity Experiences (Iwise) Scale: Reliability, Equivalence And Validity Of An Individual-Level Measure Of Water Security, Sera L. Young, Hilary J. Bethancourt, Zacchary R. Ritter, Edward A. Frongillo Jr.

Faculty Publications

Objective: The lack of a validated and cross-culturally equivalent scale for measuring individual-level water insecurity has prevented identification of those most vulnerable to it. Therefore, we developed the 12-item Individual Water InSecurity Experiences (IWISE) Scale to comparably measure individual experiences with access, use, and stability (reliability) of water. Here, we examine the reliability, cross-country equivalence, and cross-country and within-country validity of the scale in a cross-sectional sample.

Methods: IWISE items were implemented by the Gallup World Poll among nationally representative samples of 43 970 adults (15 y) in 31 low-income and middle-income countries (LMICs). Internal consistency was assessed …

Placental Adaptation To Maternal Malnutrition, M. Carey Satterfield, Ashley K. Edwards, Fuller W. Bazer, Kathrin A. Dunlap, Chelsie B. Steinhauser, Guoyao Wu

Faculty Publications

Maternal malnutrition gives rise to both short- and long-term consequences for the survival and health of the offspring. As the intermediary between mother and fetus, the placenta has the potential to interpret environmental signals, such as nutrient availability, and adapt to support fetal growth and development. While this potential is present, it is clear that at times placental adaptation fails to occur resulting in poor pregnancy outcomes. This review will focus on placental responses to maternal undernutrition related to changes in placental vascularization and hemodynamics and placental nutrient transport systems across species. While much of the available literature describes placental …

Bulk Scanning Method Of A Heavy Metal Concentration In Tailings Of A Gold Mine Using Swir Hyperspectral Imaging System, Yongsik Jeong, Jaehyung Yu, Lei Wang, Kwang Jae Lee

Faculty Publications

This work introduces a bulk data acquisition method using a hyperspectral imaging system (HIS) to measure chromium (Cr) concentration in the soil samples obtained from tailings of a gold mine considering of the spectral competition between heavy metal elements. The chemical, mineralogical, and spectroscopic analyses in a laboratory environment revealed that heavy metal elements' competitive geochemical behaviors were manifested as spectral competitions between heavy metal elements in tailings. The heavy metal elements can be classified into two groups based on their geochemical behaviors: chromium-nickel (Cr-Ni) and zinc-arsenic-cadmium-lead (Zn-As-Cd-Pb). We found an inverse relationship between the two groups in their spectral …

Teaching With Quantitative Data In The Social Sciences At The University Of New Hampshire: An Ithaka S+R Local Report, Patricia Condon, Eleta Exline, Louise Buckley

Faculty Publications

This exploratory study investigated the teaching practices of social science instructors at the University of New Hampshire who engage with undergraduate students using quantitative data in the classroom. The participants interviewed teach both general and discipline-specific data concepts as academic, work, and life skills. Primary challenges discussed by the participants that students face in engaging with these topics are understanding math and statistical concepts, learning new software and computing skills, limited prior exposure to data, and lack of retention of content from earlier courses. Participants addressed challenges in several ways in order to lower barriers to learning, including finding, vetting, …

Biblical Hermeneutical Principles Dealing With Race, Racism And Social Justice Issues, Jiří Moskala

Faculty Publications

Many modern problems arise from the misinterpretation of the Bible, unfortunately. One of my best Church History teachers Amadeo Molnár at the Protestant Faculty in Prague told us: “The history of the Christian Church is the history of the interpretation of the Bible.” At first, I doubted this statement’s truth, but after some reflections, I understood. Divisions were created and wars were fought because of certain dogmas, and millions were tortured, killed, or enslaved due to specific ideologies and wrong belief systems by believers. So many atrocities were committed in the name of God!

Functions Of Social Networks In Maternal Food Choice For Children In Mexico, Ligia I. Reyes, Edward A. Frongillo, Spencer Moore, Christine E. Blake, Wendy Gonzalez, Anabelle Bonvecchio

Faculty Publications

Food choice for children has important implications in establishing early-life dietary habits and preferences. Food choice for children has been studied as parent–child dyad dynamics, but little is known about the extended system of relationships in maternal food choice for children. The objective of this study was to understand the functions of mothers' social networks in the food choices that mothers make for their children ages 1 to 5 years old in rural Mexico. In-depth interviews were conducted with 46 participants in three rural communities. The interviews inquired about participants' child-feeding practices, personal and local beliefs about child feeding and …