Digital Commons Network^™

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.

Sharing Indigenous Knowledge: To Share Or Not To Share? That Is The Question, Christine Hagar

Faculty Publications

The Internet and digital technology create new possibilities for the development of cultures,communities and knowledge. Over the last twenty years there has been a great increase in interest inindigenous knowledge from a variety of groups, including academia, development agencies and thecorporate world. Within this diverse range of interests, there have been initiatives to facilitate a globalnetwork to exchange indigenous knowledge by development agencies such as the World Bank's'Indigneous Knowledge for Development Program' and UNESCO's 'Best Practices of IndigenousKnowledge' database. The development agencies appear to be mainly concerned with systematizingindigenous knowledge and looking at the notion of indigenous knowledge as forming …

Searching Large Collections Of Recorded Speech: A Preliminary Study, Jinmook Kim, Douglas W. Oard, Dagobert Soergel

Faculty Publications

This paper reports on an exploratory study of the criteria searchers use when judging the relevance of recorded speech from radio programs and the attributes of a recording on which those judgments are based. Five volunteers each performed three searches using two systems (NPR Online and SpeechBot) for three questions and judged the relevance of the results. Data were collected through observation and screen capture, think aloud, and interviews; coded; and analyzed by looking for patterns. Criteria used as a basis for selection were found to be similar to those observed in relevance studies with printed materials, but the attributes …

Hands, Lisa M. Tillmann Ph.D.

Faculty Publications

In this ethnographic short story, the author shows end-of-life communication between grandfather, father, and (grand)daughter.

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie

Faculty Publications

Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …

Accountants Make Miserable Policemen: Rethinking The Federal Securities Laws, Jerry W. Markham

Faculty Publications

This Article describes the background of the federal securities laws and the assumptions about full disclosure that where made to justify the intrusive legislation. It also considers the problems encountered by the SEC in the nearly seven decades that have passed since the Stock Market Crash of 1929 and then reviews the market meltdown over the last three years and describes how full disclosure regulation failed. Finally, the author focuses on a principal flaw in the system – the misguided effort to turn accountants into policeman.

Consensus Software: Robustness And Social Good, Michael N. Huhns

Faculty Publications

In this column I explore some far-reaching issues of software development that lie at the intersection of robust software and sociopolitical systems. These two areas might seem unrelated-and most software developers would likely be horrified to have politics intrude on their programming efforts-but the intersection occurs through these premises: software systems administer and control much of our societal infrastructure; people would appreciate and better accept that control if they had input into the nature of the control and the systems' behavior; designers can make software systems more robust through redundancy, in which different versions of software components might cover for …

Massive Deliberation, William H. Turkett Jr., John R. Rose, Michael N. Huhns

Faculty Publications

Agents are proliferating on the Web, making it conceivable that their collective reasoning ability might someday be harnessed for robust decision-making. The hope is that massive deliberation power can soon help solve problems that require knowledge, reasoning, and intelligence. Until recently, working individually or in small groups, agents across the Web could barely communicate and could only reason under conditions of severely bounded rationality. Projects such as Agentcities showed that widespread heterogeneous agents could collaborate on specific predefined tasks and provide diverse agent-based services. When the tasks are dynamic, of long duration, and ill defined, however, success requires planning that …

Identity Management, Duncan A. Buell, Ravi Sandhu

Faculty Publications

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.

The International Law Of Business Method Patents, John M. Conley

Faculty Publications

No abstract provided.

New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith

Faculty Publications

No abstract provided.

Blended Learning Environments Definitions And Directions, Russell T. Osguthorpe, Charles R. Graham

Faculty Publications

During the past decade the availability of computer technologies, such as the Internet, have greatly expanded the educational options available to learners and instructors alike. Innovative uses of technology have begun to blur the distinctions between traditional face-to-face and more recent distance learning environments. As the learning environments have been combined, many have recognized the inherent strengths and weaknesses associated with both.

An Empirical Model Of Price And Quality Effects Of E-Commerce, Scott E. Sampson, Kendall Hulet

Faculty Publications

During the e-Commerce boom of the late 1990s it was predicted that the Internet would have a significant impact on prices of various goods and services. Whether the net impact would he positive or negative was harder to forecast, there being opposing effects. We develop a model that describes some of those effects, including information asymmetry, search costs, price dispersion, trust premiums, and convenience premiums. The model is discussed, and a major portion is statistically tested with empirical data. As an exploratory gesture, the model is extended to consider product quality effects of online shopping. The final section concludes with …

Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and satisfaction with family life. The sample consisted of 179 families. Data were analyzed at the parent, child, and family level. Findings indicated that family leisure involvement was the strongest multivariate predictor of family satisfaction from the parent perspective, but was not a significant multivariate predictor from the child's perspective. At the family level of measurement, only the block including Core and Balance family leisure variables explained a significant portion of the variance in family satisfaction. History of divorce was a negative multivariate predictor of family …

Effects Of Concurrent Motor, Linguistic, Or Cognitive Tasks On Speech Motor Performance, Christopher Dromey, April Benson

Faculty Publications

This study examined the influence of 3 different types of concurrent tasks on speech motor performance. The goal was to uncover potential differences in speech movements relating to the nature of the secondary task. Twenty young adults repeated sentences either with or without simultaneous distractor activities. These distractions included a motor task (putting together washers, nuts, and bolts), a linguistic task (generating verbs from nouns), and a cognitive task(performing mental arithmetic). Lip movement data collected during the experimental conditions revealed decreases in displacement and velocity during the motor task. The linguistic and cognitive tasks were associated with increased spatiotemporal variability …

The Ecosystem Of Partnerships: A Case Study Of A Long-Term University-Community Partnership, Gary Daynes, Scott L. Howell, Nathan K. Lindsay

Faculty Publications

This article presents a case study describing a robust fortyeight- year partnership between the Boy Scouts of America, Brigham Young University, Utah Valley State College, and others in an annual merit badge Powwow1 for Boy Scouts. Service-learning occurs as five hundred university students and faculty prepare for and teach merit badge classes to five thousand Boy Scouts as part of this Powwow. The article presents the history and operation of the Powwow, describes benefits to participants, and identifies some of the factors that contribute to the enduring nature of the partnership. The case study suggests that partnerships are similar to …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter

Faculty Publications

There is little doubt that sexism and ageism still exist. To remedy these "isms," there are laws to protect both women and older workers from discrimination in the workplace, namely Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits sex discrimination as well as discrimination based on many other protected categories, and the Age Discrimination in Employment Act of 1967 ("ADEA"), which prohibits age discrimination. Despite these protections, an older woman cannot bring a claim based on the fact that she feels she was discriminated against because she is an older woman. In other words, her …

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.

Using Low-Threshold Applications And Software Templates To Improve Efficiency In An Introductory Statistics Course, Jason K. Mcdonald

Faculty Publications

This study was an exploratory study in improving efficiency in university courses by using low-cost methods of design and development that can be easily managed by university faculty. To explore this issue, we developed a lesson for the Statistics department at Brigham Young University using low-threshold applications (uses of technology that are low-cost and easy to learn) and software templates. We evaluated the lesson as a possible method to decrease the number of hours instructors were required to spend teaching in class. We discovered that students responded positively to the lesson, and that the methods of lesson design and development …

Spectral Measures And Perceptual Ratings Of Hypokinetic Dysarthria, Christopher Dromey

Faculty Publications

Ten individuals with Parkinson disease (PD) and hypokinetic dysarthria were compared with age-matched neurologically normal (NN) speakers on acoustic measures from speaking and vowel phonation tasks as well as on perceptual ratings of connected speech. Listeners identified differences between the groups when asked to judge the severity of vocal and articulatory impairment during reading. Several conventional acoustic measures failed to differentiate speakers with PD from NN speakers. However, measures of the shape (statistical moments) of the long term average spectrum (LTAS) revealed statistically significant differences between the groups across vowel phonation, reading and monologue tasks. The ease of computation of …

From Individuality To Individualism: A Critique Of The Helping, Timothy B. Smith, Matthew R. Draper

Faculty Publications

Individualistic values characterize contemporary society and many popular approaches to mental health treatment. This paper critiques the individualistic values embedded in the helping professions that implicitly contradict the teachings of Jesus Christ, the surest foundation for mental health interventions. Members of AMCAP are encouraged to search out and replace other problematic values that contradict gospel teachings but that have been integrated into contemporary mental health practice.

Describing Support: A Qualitative Study Of Couples Living With Diabetes, Paula M. Trief, Jonathan G. Sandberg, Roger P. Greenberg, Keri Graff, Nina Castronova, Miyoung Yoon, Ruth S. Weinstock

Faculty Publications

Family and marital support have been shown to be associated with better treatment adherence, illness adaptation, and blood sugar control in studies of individuals with diabetes. However, the behaviors and attitudes that describe appropriate support have not been defined. This is a qualitative study which asked couples who live with diabetes to define support. Seventy-four individuals (patients and spouses) participated in semi-structured interviews. Transcripts of these interviews were rigorously coded and analyzed by a team of researchers. A sampling of quotes is provided. Helpful behavior was particularly evident in the areas of dietary control and regimen specific support, general relational …

Parenting Skills And Social-Communicative Competence In Childhood, Craig H. Hart, Lloyd D. Newell, Susanne Frost Olsen

Faculty Publications

The ways that children implement social and communication skills in peer-group interaction provide the foundation for successful later life adjustment (Rubin, Bukowski, & Parker, 1998). Research findings suggest that a host of variables are involved (Hart, Olsen, Robinson, & Mandleco, 1997). These include family processes involving marital and sibling relationships, parenting (e.g., Dunn, 2002; Hart, Nelson, et al., 2000; Stafford & Bayer, 1993), biologically based genetic and temperament factors (e.g., Pike, 2002; Plomin & Rutter, 1998; Sanson, Hemphill, & Smart, 2002), and extrafamilial influences, including the peer group, schools, media, and culture (e.g., Hart, Yang, Nelson, Jin, & Nelson, 1998; …