Digital Commons Network^™

Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Ellen Kreitzberg, Linda Carter

Faculty Publications

This analysis begins with an examination of the Court's Eighth Amendment jurisprudence and how this impacts the procedures that are required in a capital trial. Then we will present a brief review of habeas corpus law and the barriers that have been imposed to restrict federal court review of claims. We will explain how AEDPA modified the ability of a petitioner to get evidentiary hearings and imposed restrictions on the filling of second or successive petitions. Then, we will look at circumstances in which claims of innocence may be raised in a petition for habeas corpus. Finally, we will compare …

Different Model For The Right To Privacy: The Political Question Doctrine As A Substitute For Substantive Due Process, Patrick Garry

Faculty Publications

No abstract provided.

Judicial Review And The “Hard Look” Doctrine, Patrick Garry

Faculty Publications

No abstract provided.

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick Garry

Faculty Publications

No abstract provided.

Usability Of The Digital Library: An Evaluation Model, Judy Jeng

Faculty Publications

Summary report from the 2004 ACRL Doctoral Dissertation Fellowship recipient

William Stetson Merrill And Bricolage For Information Studies, Anita Coleman

Faculty Publications

Purpose – This paper examines William Stetson Merrill, the compiler of A Code for Classifiers and a Newberry Library employee (1889‐1930) in an attempt to glean lessons for modern information studies from an early librarian's career. Design/methodology/approach – Merrill's career at the Newberry Library and three editions of the code are briefly examined using historical, bibliographic, and conceptual methods. Primary and secondary sources in archives and libraries are summarized to provide insight into Merrill's attempts to develop or modify tools to solve the knowledge organization problems he faced. The concept of bricolage, developed by Levi‐Strauss to explain modalities of thinking, …

Perceptual Paths To Accurate Production Of L2 Vowels: The Role Of Individual Differences, Wendy Baker-Smemoe, Pavel Trofimovich

Faculty Publications

This study investigated whether individual differences in learners’ age of arrival (AOA) and length of residence (LOR) in a country where a second language (L2) is spoken determine the relationship between L2 perception and production. In the first experiment, 40 Korean learners of English and 10 native English speakers participated in vowel perception and production tasks in English. Results demonstrated that the relationship between perception and production depended on learners’ AOA, not LOR. In the second experiment, the same Korean learners of English participated in a vowel perception task in which they judged the accuracy of their own production of …

Unifying Language Modeling Capabilities For Flexible Interaction, Deryle W. Lonsdale, Rebecca Diane Madsen

Faculty Publications

Dialogue processing has taken several different forms in recent years; in this paper we address a cognitive modeling approach to the problem. We begin by sketching some of our work in this area and how it derives from prior research in cognition, modeling, natural language processing, and discourse recipe compilation. We then note that, whereas the complexities of natural language— especially spoken language—have been primarily addressed by technologies that target lower-level linguistic processing, higherlevel processing has been less well studied. We introduce our approach, which is to use an agent-based cognitive modeling architecture for dialogue processing. We mention some of …

Automatic Creation Of Web Services From Extraction Ontologies, Deryle W. Lonsdale, Cui Tao, Yihong Ding

Faculty Publications

The Semantic Web promises to provide timely, targeted access to user-specified information online. Though standardized services exist for performing this work, specifying these services is too complex for most people. Annotating these services is also problematic. A similar situation exists for traditional information extraction, where ontologies are increasingly used to specify information used by various extraction methods. The approach we introduce in this paper involves converting such ontologies into executable Java code. These APIs act individually or compositionally as services for Semantic Web extraction.

Body Image And Beliefs About Appearance: Constraints On The Leisure Of College-Age And Middle-Agewomen, Toni Liechty, Patti A. Freeman, Ramon B. Zabriskie

Faculty Publications

The purpose of this study was to examine the relationships among body image, beliefs about appearance, and leisure constraints for college-age women and their mothers. The Body-Image Assessment Scale, the Beliefs About Appearance Scale, and a hierarchical leisure constraints scale were used to assess body image concerns, and leisure constraints. A convenience sample of 116 female students at a private American university and 76 of their mothers was utilized. Multiple regression and t-tests were used to analyze the data. Findings suggested that body image and beliefs about appearance pose leisure constraints for college-age and middle-age women. Findings also suggested that …

Saving For Retirement On The Path Of Least Resistance, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick

Faculty Publications

We assess the impact on savings behavior of several different 401(k) plan features, including automatic enrollment, automatic cash distributions, employer matching provisions, eligibility requirements, investment options, and financial education. We also present new survey evidence on individual savings adequacy. Many of our conclusions are based on an analysis of micro-level administrative data on the 401(k) savings behavior of employees in several large corporations that implemented changes in their 401(k) plan design. Our analysis identifies a key behavioral principle that should partially guide the design of 401(k) plans: employees often follow “the path of least resistance.” For better or for worse, …

Individual Cognition And Dual-Task Interference In Group Support Systems, William G. Heninger, Alan R. Dennis, Kelly Mcnamara Hilmer

Faculty Publications

Previous research shows that synchronous text discussion through group support systems (GSS) can improve the exchange of information within teams, but this improved information exchange usually does not improve decisions because participants fail to process the new information they receive. This study examined one potential cause for this failure: Dual-task interference caused by the need to concurrently process new information from others while also contributing one's own information to the discussion. Although prior research argues that dual-task interference should be minimal, we found that it significantly reduced participants' information processing and led to lower decision quality. The effect sizes were …

Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark

Faculty Publications

In recent years, federal courts eroded the procedural safeguards required for prior restraint licensing schemes established in Freedman v. Maryland. The Supreme Court of the United States stated that the dangers of prior restraint were accounted for by content neutrality. But a close examination of federal courts of appeals opinions since 2002 reveals that erosion of procedural safeguards may threaten speech interests. First, procedural safeguards have not been required, in some cases, even for content-based prior restraints. Second, courts of appeals have held that, in the context of content-neutral prior restraints, the First Amendment no longer requires a time limit …

Mormon Media History Timeline: 1827-2007, Sherry Baker

Faculty Publications

This timeline is a work in progress. It is posted currently as a PDF file in order to make it available in a timely manner to scholars who are working on Mormon media history, or any other scholarship for which it might be helpful and informative. It is anticipated that the timeline eventually will be reworked into media formats that will make it more accessible, and that will allow it to be updated, enhanced, and corrected over time. If you wish to comment upon this Mormon Media History Timeline, contact Sherry Baker at [email protected].

Mi Mama Es Bonito: Acquisition Of Spanish Gender By Native English Speakers, Scott M. Alvord, Lisa Griebling Mccowen

Faculty Publications

For an adult, learning a second language can be a complex and demanding task. Differences between one’s native language and the target language can contribute to the complexity of the task. One significant way in which languages can differ is the system of gender. The difference between gender in English and Spanish provides a challenge for adult native English speakers learning Spanish as a second language. The aim of the current study is to examine gender marking on a variety of tasks by adult NS of English as beginning learners of Spanish, with hopes that such examination will provide insight …

From Clay Tablets To Canon: The Story Of The Formation Of Scripture, Kerry M. Muhlestein

Faculty Publications

Presented at the 35th Sperry Symposium. The Sidney B. Sperry Symposium is sponsored by Brigham Young University Religious Education and the Church Educational System. It is difficult for us, in the age of information, to appreciate the impact of both the sweeping movements and technical advances that allowed for the creation of the canonized book we call the Bible. We live in a time when we regularly turn to written documents for the "final word", and we take for granted an astounding volume of written works and easy access to them. Indeed, it has been argued that U.S. culture has …

Reducing Energy In Fpga Multipliers Through Glitch Reduction - Clock Power And Digit-Serial Addendum, Nathaniel Rollins, Michael J. Wirthlin

Faculty Publications

Sponsorship: NASA. In a previous paper it was shown that reducing the amount of glitches in digital designs can significantly reduce the amount of dynamic power consumption. Pipelined multipliers and a bit-serial multiplier design were used to show this. The paper failed to mention how much of the dynamic power consumption was due to the clock distribution. Also the only digit- serial multiplier digit size investigated was a digit size of 1. This paper addresses the issue of dynamic clocking power and includes results of digit-serial multipliers with larger digit sizes.

Providing A "Good Death": Critical Care Nurses' Suggestions For Improving End-Of-Life Care, Renea L. Beckstrand, Lynn Clark Callister, Karin T. Kirchhoff

Faculty Publications

• Background Providing appropriate end-of-life care has become a primary concern of nurses and the public. The highly technological critical care environment may not facilitate such care.
• Objective To collect suggestions from critical care nurses for improving end-of-life care in intensive care units.
• Methods A geographically dispersed, random sample of 1409 members of the American Association of Critical-Care Nurses was sent a 72-item survey on perceptions of end-of life care. The survey included a request for suggestions on ways to improve end-of life care.
• Results Of the 861 critical care nurses whoo responded to the survey, 485 offered 530 suggestions for …

A Theoretical Model And Empirical Results Linking Website Interactivity And Usability Satisfaction, Paul Benjamin Lowry, Trent Spaulding, Taylor Wells, Greg Moody, Kevin Moffit, Sebastian Madariaga

Faculty Publications

Usability is a key component of websites that are commercially successful. Interactivity has been inconclusively linked to website usability. This study strengthens the theoretical understanding of how interactivity affects usability by measuring user satisfaction—a subconstruct of usability—across bookstore and e-card websites. We build on theoretical models from Liu and Shrum [17] and Khalifa and Liu [15]. Users were asked to perform tasks of varying levels of interactivity at bookstore and e-card websites. Measures were obtained for the user’s expectations of, desires for, and satisfaction with the websites. Results indicate that interactivity is successfully able to increase website satisfaction. Finally, implications …

Negative Prestige And Sound Change: A Sociolinguistic Study Of The Assibilation Of /Χ/ In Piauí Portuguese, David Eddington, Michael Taylor

Faculty Publications

In standard Brazilian Portuguese (BP), when the phoneme /χ/ appears post-vocalically in coda position it is realized with a variety of allophones [r, h, x, χ, ʁ, ʁ̥, ɣ] (Parkinson 1988). On the surface there appears to be free variation between the pronunciations although the variation is affected by regional and social factors (Netto 2001). Our study focuses on the Brazilian Portuguese of Piripiri (BPP), which is spoken in a small town in the rural state of Piauí in the northeast part of the country. Perhaps the most salient regional characteristic of BPP is that when /χ/ appears in coda …

Paradigm Uniformity And Analogy: The Capitalistic Versus Militaristic Debate, David Eddington

Faculty Publications

In American English, /t/ in capitalistic is generally flapped while in militaristic it is not due to the influence of capi[ɾ]al and mili[tʰ]ary. This is called Paradigm Uniformity or PU (Steriade, 2000). Riehl (2003) presents evidence to refute PU which when reanalyzed supports PU. PU is thought to work in tandem with a rule of allophonic distribution, the nature of which is debated. An approach is suggested that eliminates the need for the rule versus PU dichotomy; allophonic distribution is carried out by analogy to stored items in the mental lexicon. Therefore, the influence of the pronunciation of capital …

Parallelization Of Multicategory Support Vector Machines (Pmc- Svm) For Classifying Microarray Data, Chaoyang Zhang, Peng Li, Arun Rajendran, Youping Deng, Dequan Chen

Faculty Publications

Background: Multicategory Support Vector Machines (MC-SVM) are powerful classification systems with excellent performance in a variety of data classification problems. Since the process of generating models in traditional multicategory support vector machines for large datasets is very computationally intensive, there is a need to improve the performance using high performance computing techniques.

Results: In this paper, Parallel Multicategory Support Vector Machines (PMC-SVM) have been developed based on the sequential minimum optimization-type decomposition method for support vector machines (SMO-SVM). It was implemented in parallel using MPI and C++ libraries and executed on both shared memory supercomputer and Linux cluster …

Pronunciation Matters: English Consonant Production By Auap Students, K. James Hartshorn

Faculty Publications

Most Asia University students study English for at least six and a half years by the time they come to the United States to participate in the Asian University America Program (AUAP). For many, the AUAP experience is the realization of a dream to be able to forge new friendships and communicate successfully with Americans. However, despite their enthusiasm for learning, those participating in AUAP are not immune to the struggles experienced by most Japanese students as they endeavor to master English pronunciation (Purcell and Suter, 1980; Wells, 2000, Aoyama, K. Flege, J., Guion, S., Akahane-Yamada, R., Yamada, T., 2003). …

Parenting And Peer-Group Behavior In Cultural Context, David A. Nelson, Larry J. Nelson, Criag H. Hart, Chongming Yang, Shenghua Jin

Faculty Publications

Whether specific patterns of parenting are similarly associated with child peer group behavior in diverse cultural contexts has been a fascinating topic of inquiry. From classic anthropological studies dating back to the early twentieth century to the current interest in cross-cultural studies, knowledge concerning the question of universality and cultural variation in parenting linkages to childhood adjustment has expanded at an unprecedented rate (e.g., Harkness & Super, 2002). As the general field of parenting research has uncovered distinctions in parenting styles and practices (e.g., Darling & Steinberg, 1993; hart, Newell, & Olsen, 2003), these concepts have increasingly been applied to …

Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.

Inducement As Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. V. Grokster, Ltd., Laura A. Heymann

Faculty Publications

No abstract provided.

The Family As A Context For Religious And Spiritual Development In Children And Youth, Chris J. Boyatzis, David C. Dollahite, Loren D. Marks

Faculty Publications

Our chapter addresses how the family promotes or hinders transcendence of the self in children, that is, how the family is a context in which spiritual development occurs. Due to space limitations, our emphasis is on socialization and interaction processes within the family and not on other issues such as psychodynamic processes (e.g., Rizzuto, 1979) or faith development (e.g., Fowler, 1981). There are many motivations to explore family socialization of religious and spiritual development. One, family spirituality and religiosity are linked with many desirable outcomes and inversely with negative outcomes in children and youth. (Other chapters in this volume examine …

An Operator-Based Account Of Semantic Processing, Deryle W. Lonsdale, C. Anton Rytting

Faculty Publications

This paper explores issues of psychological plausibility in modeling natural language understanding within Soar, a symbolic cognitive model. It focuses on constructing syntactic and semantic representations in simulated real time, with particular emphasis on word sense disambiguation (WSD). We discuss (i) what level of WSD should be modeled and (ii) how to use resources such as WordNet to inform these models. A preliminary model of coarse-grained WSD is included to show how syntactic, semantic, and other knowledge sources interact in Soar. Finally, we explore issues of interleaving, learning, and integrating other WSD approaches with Soar's native model of learning.

Fairness In The Air: California's Air Pollution Hearing Boards, Kenneth A. Manaster

Faculty Publications

This article is an update of my earlier article, "Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California." Because basic features of the law governing California's air pollution hearing boards have remained in place over the years, the original article reportedly continues to be useful for lawyers and others. Nonetheless, some important aspects of the law have changed, and so have many of the practices hearing boards follow. Furthermore, in many parts of the state, hearing boards now often face cases of far greater technical and legal complexity, and environmental and economic …

Can Legal Writing Programs Benefit From Evaluating Student Writing Using Single-Submission, Semester-Ending, Standardized, Performance-Type Assignments?, John Schunk

Faculty Publications

Many legal writing programs evaluate a student's performance based on a series of assignments that students write and then rewrite after receiving comments from their legal writing teacher. Over the last decade, some have proposed altering this model by introducing the Multistate Performance Test into the legal writing curriculum or by using traditional objective examinations in first-year legal writing courses.

Based on a three-year experience at Santa Clara University School of Law, this essay suggests that using these principles, those of performance testing and traditional examinations, in a slightly modified form can reap significant benefits for legal writing programs. In …