Digital Commons Network^™

Morphology Of Migration: Associations Between Wing Shape, Bill Morphology And Migration In Kingbirds (Tyrannus), Maggie P. Macpherson, Alex E. Jahn, Nicholas A. Mason

Faculty Publications

Morphology is closely linked to locomotion and diet in animals. In animals that undertake long-distance migrations, limb morphology is under selection to maximize mobility and minimize energy expenditure. Migratory behaviours also interact with diet, such that migratory animals tend to be dietary generalists, whereas sedentary taxa tend to be dietary specialists. Despite a hypothesized link between migration status and morphology, phylogenetic comparative studies have yielded conflicting findings. We tested for evolutionary associations between migratory status and limb and bill morphology across kingbirds, a pan-American genus of birds with migratory, partially migratory and sedentary taxa. Migratory kingbirds had longer wings, in …

On The Synthesis And Characterization Of Two Different Titanium-Based Supramolecular Structures Of Identical Stoichiometry, Ryan J. Bujol, Frank R. Fronczek, Noémie Elgrishi

Faculty Publications

Self-assembled supramolecular coordination complexes can take on a wide range of three-dimensional architectures with varying ratios of metal-to-ligand. Control over which architecture will be adopted can be difficult to maintain, as many may form from the starting materials and conditions present. Characterizing the resulting architectures formed can be challenging, in particular when discerning between lower or higher ordered structures of identical stoichiometry. Here we report the synthesis and characterization of a Ti2L3 football-like or pill-shaped capsule, unexpectedly formed from attempts to synthesize variations on a Ti4L6 tetrahedron. The two anionic cores are formed from identical stoichiometric ratios of organic linkers …

Discursive Incarceration: Black Fragility In A Divided Public Sphere, Meili Steele

Faculty Publications

The expression of fragility has always been a difficult and complex matter for African Americans, for the discourse of mainstream media is set up to both sustain and misrecognize their fragility . Even though the black public sphere split off from the dominant public sphere after the Civil War to enable distinctive forms of expression, the “practiced habits” of which Coates speaks continued working within the structures of the dominant discourse. My essay will analyze the structure of America’s indifference to fragility in six parts. In the first section, I will introduce a normative problematic that can track how the …

Inconceivability, Horror, And The Mercy Seat, Thomas Simmons

Faculty Publications

In an ordinary home in Huron, South Dakota-sometime in the very early morning hours of Sunday, April 5, 1987-a young girl was murdered in her crib. By March of the next year, her mother, Debra Jenner, had been convicted of second-degree murder. She was sentenced to life in prison. Although she became eligible for parole in 2003 after Governor Janklow commuted her sentence, her applications for discretionary parole were consistently denied. She remained incarcerated until last year, when she was finally granted parole. This essay embarks on a retelling of Debra Jenner's trial, her subsequent post-conviction proceedings, and her numerous …

Reflections On Teaching Constitutional Law In The Midst Of A Constitutional Crisis, Sean Kammer

Faculty Publications

No abstract provided.

The Appellate Judge As The Thirteenth Juror: Combating Implicit Bias In Criminal Convictions, Andrew S. Pollis

Faculty Publications

Research has documented the effect that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. This Article proposes a novel solution to the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for retrial when the trial record raises suspicions of a conviction tainted by the operation of implicit racial bias.

Factual review on appeal is unwelcome in most jurisdictions. But the traditional arguments against it, which highlight the importance of deference to the jury’s fact-finding powers, are overly simplistic. Scholars have already demonstrated the relative institutional competency of …

A New Species Of New Guinea Worm-Eating Snake (Serpentes, Elapidae, Toxicocalamus Boulenger, 1896) From Western Highlands Province, Papua New Guinea, Jackson R. Roberts, Bulisa Iova, Christopher C. Austin

Faculty Publications

We describe a new species of New Guinea Worm-Eating Snake (Elapidae: Toxicocalamus) from a specimen in the reptile collection of the Papua New Guinea National Museum and Art Gallery. Toxicocalamus longhagen sp. nov. can be easily distinguished from other species of this genus by the presence of paired subcaudals, a preocular scale unfused from the prefrontal scale, a prefrontal distinct from the internasal scale that contacts the supralabials, a single large posterior temporal and two postocular scales. The new taxon is currently known only from one specimen, which was collected from Mt. Hagen Town in Western Highlands Province, Papua New …

Gis-Automated Delineation Of Hospital Service Areas In Florida: From Dartmouth Method To Network Community Detection Methods, Changzhen Wang, Fahui Wang

Faculty Publications

Since the Dartmouth Hospital Service Areas (HSAs) were proposed three decades ago, there has been a large body of work using the unit in examining the geographic variation in health care in the U.S. for evaluating health care system performance and informing health policy. However, many studies question the replicability and reliability of the Dartmouth HSAs in meeting the challenges of an ever-changing and a diverse set of health care services. This research develops a reproducible, automated, and efficient GIS tool to implement Dartmouth method for defining HSAs. Moreover, the research adapts two popular network community detection methods to account …

Moral Emotions And Unnamed Wrongs: Revisiting Epistemic Injustice, Usha Nathan

Faculty Publications

Current discussions of hermeneutical injustice, I argue, poorly characterise the cognitive state of victims by failing to account for the communicative success that victims have when they describe their experience to other similarly situated persons. I argue that victims, especially when they suffer moral wrongs that are yet unnamed, are able (1) to grasp certain salient aspects of the wrong they experience and (2) to cultivate the ability to identify instances of the wrong in virtue of moral emotions. By moral emotions I mean emotions like indignation that reflect an agent’s ethical commitments and bear on her ethical assessments. Further, …

Trademark Law And Consumer Constraints, Laura A. Heymann

Faculty Publications

Trademark law’s focus is on the consumer. Both the trademark literature and the marketing literature, however, tend to assume a consumer with few constraints on economic or cognitive processing resources. For example, scholars have argued that some confusion in the marketplace is not only inevitable but is also an overall positive in that encountering confusion trains consumers to be more resourceful and to learn how to interpret marketing communications more carefully. But not all consumers have the same level of cognitive and economic resources. Disadvantaged consumers—such as those not literate in the English language, those with lower socioeconomic status, and …

Old Age As The Hidden Sentencing Factor, Adam M. Gershowitz

Faculty Publications

Imagine two doctors who illegally sold opioids in exchange for cash. Both doctors sold roughly the same quantity of pills, had no prior criminal convictions, and accordingly faced the same sentencing guidelines range. The major difference was that one doctor was in his sixties and considerably older than the other doctor. The Federal Sentencing Guidelines provide that judges should consider a defendant's age only in atypical cases. Yet, this Article demonstrates that older defendants received sentencing discounts far more often than younger defendants convicted of the same crime.

This Article gathers sentencing data for almost 130 doctors convicted in federal …

Election Surveillance, Rebecca Green

Faculty Publications

For most of this country's history, we have relied on human eyes and ears to oversee our system of elections. Modern surveillance tools, from cell phones to video streaming platforms, are now cheap and ubiquitous. Technology holds great promise to increase election transparency. But the 2020 election confirmed what has become quite clear: the use of technology to record election processes does not always serve the goal of reassuring the public of the integrity of elections; in fact, it can do the opposite. As legislatures around the country reexamine rules governing elections following the 2020 election, an underexplored question is …

Super Deference And Heightened Security, Jonathan H. Adler

Faculty Publications

Judicial review of federal agency action is systematically deferential. Such deference is arguably at its peak where agencies address scientific and highly technical matters within their area of expertise. This is what some call “super deference.” While there may be strong arguments for deferential review of agency scientific determinations as a general matter, there are reasons to question such deference when agency action implicates constitutional concerns. In particular, where agency actions trigger heightened scrutiny, such as occurs when agency actions intrude upon expressly enumerated or otherwise recognized fundamental rights or adopt constitutionally suspect classifications, courts should not apply traditional levels …

Eliminating Shadows And Ghosts: Findings From A Study Of Inclusiveness, Representativeness, And Record Accuracy In Master Jury Lists And Juror Source Lists In Three States, Paula Hannaford-Agor, Miriam Hamilton, Erika Bailey

Faculty Publications

In 2021, the National Center for State Courts (NCSC) obtained grant funding from the State Justice Institute to assess the inclusiveness, representativeness, and accuracy of the juror source lists for Missouri, New Jersey, and Tennessee and the resulting master jury lists for Missouri and Tennessee. Each jurisdiction volunteered to be part of the project. For its analyses of inclusiveness, the NCSC compared the total number of records on the master jury list with the total number of adult residents in each county reported by the U.S. Census Bureau on the 2020 Census. To assess the accuracy of address records generally …

The Sticks Of Judah And Joseph: Reflections On Defending The Kingdom, Joseph M. Spencer

Faculty Publications

I wish to pursue two tasks simultaneously in this essay. First, in line with its title, I will address a very old matter of interpretation. I aim to explain as definitively as possible how to make sense of the relationship between Ezekiel 37:15–19, with its talk of the sticks of Judah and Joseph, and the claims of the Restoration, which include somehow connecting the stick of Joseph to the Book of Mormon. Second, in line with the subtitle of this essay, I wish to draw a crucial lesson from the history of how Latter-day Saints have dealt with this issue …

Microcore: Using Online Playable Cases To Increase Student Engagement In Online Writing Environments, Jon Balzotti, Kevin Haws, Amy A. Rogers, Jason K. Mcdonald, Matt Baker

Faculty Publications

This case study explores a type of educational simulation, an alternative reality game we call a playable case study (PCS), and how its use influenced student engagement in an online writing classroom. The goal of the simulation was to help students create professional communication artifacts and experience real-world professional communication situations. This article reports the effectiveness of the playable case study as a tool specifically for online writing instruction (OWI). The context of our research was a PCS called Microcore. Acting as interns for a company, students are asked to investigate a serious problem that occurs and present a solution …

Temporal Fluency And Floor/Ceiling Scoring Of Intermediate And Advanced Speech On The Actfl Spanish Oral Proficiency Interview–Computer, Troy L. Cox, Alan V. Brown, Gregory L. Thompson

Faculty Publications

The rating of proficiency tests that use the Inter-agency Roundtable (ILR) and American Council on the Teaching of Foreign Languages (ACTFL) guidelines claims that each major level is based on hierarchal linguistic functions that require mastery of multidimensional traits in such a way that each level subsumes the levels beneath it. These characteristics are part of what is commonly referred to as floor and ceiling scoring. In this binary approach to scoring that differentiates between sustained performance and linguistic breakdown, raters evaluate many features including vocabulary use, grammatical accuracy, pronunciation, and pragmatics, yet there has been very little empirical validation …

An Fmri Investigation Of The Neurocognitive Processing Of Measures And Strategic Objectives, Paul Black, C. Brock Kirwan, Thomas Meservy, William B. Tayler, Jeffrey O. Williams

Faculty Publications

A central feature of most organizations is the use of measures to represent key elements of performance across multiple strategic objectives. Prior research has demonstrated a tendency for individuals to treat these measures as though they are the higher-order strategic objectives the measures were intended to represent, as opposed to imperfect representations of those strategic objectives—a phenomenon labeled surrogation. We employ an experiment to further understand this phenomenon. In this study, we capture neural activation when processing measures and when processing strategic objectives. We find that differences in brain activity when processing measures and strategic objectives are similar to the …

Standardizing Assessment Of Spoken Discourse In Aphasia: A Working Group With Deliverables, Tyson G. Harmon, Brielle C. Stark, Manaswita Dutta, Laura L. Murray, Lucy Bryant, Davida Fromm, Brian Macwhinney, Amy E. Ramage, Angela Roberts, Dirk B Den Ouden, Kris Brock, Katy Mckinney-Bock, Eun Jin Paek, Si On Yoon, Charalambos Themistocleous, Hyunsoo Yoo, Katharine Aveni, Stephanie Gutierrez, Saryu Sharma

Faculty Publications

Purpose: The heterogeneous nature of measures, methods, and analyses reported in the aphasia spoken discourse literature precludes comparison of outcomes across studies (e.g., meta-analyses) and inhibits replication. Furthermore, funding and time constraints significantly hinder collecting test-retest data on spoken discourse outcomes. This research note describes the development and structure of a working group, designed to address major gaps in the spoken discourse aphasia literature, including a lack of standardization in methodology, analysis, and reporting, as well as nominal data regarding the psychometric properties of spoken discourse outcomes. Method: The initial initiatives for this working group are to (a) propose recommendations …

Local Context And Post-Crisis Social Venture Creation, Sergey Anokhin, Todd Morgan, Lisa Jones Christensen, William Schulze

Faculty Publications

Research summary: We investigate the effects of local market and government failure on the creation of social ventures in the context of post-crisis recovery during the period following the dot-com crisis and ending before the housing bubble burst across all Ohio counties. Drawing on social embeddedness theory, we posit that social venture creation rates vary across local contexts and are higher in communities characterized by market and government failures. Longitudinal contextual data from 88 Ohio counties indicates that situations characterized by failures of both types are especially conducive to the creation of local social enterprises. We address the shortage of …

A Chatbot Tutor Can Lessen The Gender Confidence Gap In Information Systems Learning, Cherileigh Leavitt, Madison Corbin, Mark Keith, Ryan Schuetzler, Degan Kettles, Greg Anderson

Faculty Publications

Women are underrepresented in the information systems discipline as well as other STEM fields. A common explanation for the significant gender gap is the difference in women’s and men’s self-efficacy concerning information systems (IS) tasks and roles during their secondary education. As a potential solution, this study explores how chatbot tutors impact confidence differently between 136 women and men in an introductory programming course. Our findings confirmed prior research showing that while men have greater confidence in information systems tasks, there is no difference in performance in those tasks between women and men. Next, we found that a chatbot used …

Asynchronous Video Interviews And Artificial Intelligence: A Multi-Study Exploration, Tanner Skousen, Jacob Steffen, Cherileigh Chandler, Warren Rosengren, James Gaskin, Thomas O. Meservy

Faculty Publications

Asynchronous video interviews (AVIs) provide scalable, low-cost opportunities for matching interviewees and organizations. However, the implications of a shift from synchronous interviews aren’t fully understood, especially when design choices such as AI evaluations are employed. To better understand the impact of AVIs, we undertook an exploratory qualitative study in addition to an experiment. The first study involves 100 qualitative responses and exploratory quantitative tests on the relationships between coded values and demographic and trait variables of the respondents. Our second study tests the impact of AI feedback using a large online AVI service while accounting for various disadvantaged groups that …

Measuring Social Connectedness During Shared Leisure Activities Using Oxytocin: A Comparison Of Sampling Urine Versus Saliva, Karen K. Melton, Camilla Hodge, Madeline L. Haron, Maria Boccia

Faculty Publications

Leisure experiences are often associated with social connectedness. One measure of social connection underutilized in leisure studies is the neurohormone oxytocin. This methodological note considers issues researchers need to address when incorporating oxytocin in their study design. Noninvasive sources for sampling oxytocin include saliva and urine; however, the decision about which method to employ is not well documented. This study provides the first methodological note on collecting oxytocin in leisure studies and provides a comparison of urine vs. saliva measures for oxytocin in the context of leisure activities. Our findings indicate that urine samples are more sensitive to oxytocin change …

Parent–Child Leisure And Parent Affect: The Role Of Family Structure, Camilla Hodge, Jocelyn Wikle

Faculty Publications

This study evaluates differences in parent–child leisure and parent affect across single- and two-parent families. The Ecology of Family Experiences framework suggests contextual factors such as family structure and the novelty of the activity environment contribute to heterogeneity in how parents experience leisure, partly because constraints may differ across family structures. Using a large, nationally representative data sample of parents from the American Time Use Survey (N = 78,353), this study shows single-parents experience leisure deficits compared to other parents, and leisure deficits are greatest in home-based leisure. Additionally, using a subsample (N = 16,214), we found that at-home leisure …

A Comparison Of Ncreif, Inrev, And Anrev Open-End Core Fund Indices, Barrett A. Slade, Jeffrey D. Fisher, Joe D’Alessandro

Faculty Publications

Cross-border investment in non-listed real estate is on the rise. This article aims to compare the U.S. NFI-ODCE index with the European INREV ODCE index and the recently released Asian ANREV ODCE index with the hope that this study will be helpful to cross-border investors in these major markets. From 2016 through 2020 (five years), we found that the NCREIF fund count remained relatively flat, but the INREV and ANREV fund count increase steadily. At the end of 2020, NCREIF’s GAV was 270 billion dollars compared with INREVs 39 billion dollars and ANREV’s 16 billion dollars, a considerable size difference …

Borrowing To Save? The Impact Of Automatic Enrollment On Debt, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian, William L. Skimmyhorn

Faculty Publications

Does automatic enrollment into a retirement plan increase financial distress due to increased borrowing outside the plan? We study a natural experiment created when the U.S. Army began automatically enrolling newly hired civilian employees into the Thrift Savings Plan. Four years after hire, automatic enrollmentincreases cumulative contributions to the plan by 4.1% of annual salary, but we find little evidence ofincreased financial distress. Automatic enrollment causes no significant change in credit scores, debt balances excluding auto debt and first mortgages, or adverse credit outcomes, with the possible exception of increasedfirst-mortgage balances in foreclosure.

An Inquiry Into Gradable Zero-Waste Apparel Design, Melanie Carrico, Sheri L. Dragoo, Ellen Mckinney, Casey Stannard, Colleen Moretz, Ashley Rougeaux-Burnes

Faculty Publications

The implementation of standardized grading production practices within the mass market has been challenging for scholars experimenting with zero-waste apparel design. The purpose of this research was to test the efficacy of the Carrico Zero-waste Banded Grading (CZWBG) technique, which utilizes bands inserted in strategic locations as a method of grading zero-waste patterns across various consumer categories. An additional purpose was to evaluate the ways in which this grading approach affected the aesthetic outcomes of garments across a size run, and to determine whether this method affected the overall design process of the designers involved. Through experimental research design, six …

Developing Police, Madalyn K. Wasilczuk

Faculty Publications

No abstract provided.

Freedom, Democracy, And The Right To Education, Derek W. Black

Faculty Publications

While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.

At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African Americans, seeing education as the means to both mental and physical freedom, made …

How To Map Soil Sealing, Land Take And Impervious Surfaces? A Systematic Review, Francesca Peroni, Salvatore Eugenio Pappalardo, Francesco Facchinelli, Edoardo Crescini, Michele Munafò, Michael E. Hodgson, Massimo De Marchi

Faculty Publications

Soil degradation is one of the main environmental issues within the international agendas on sustainability and climate adaptation. Among degradation processes, soil sealing represents the major threat, as ecosystem services dramatically decrease or are even nullified. The increasing use of big open data from satellites combined with AI algorithms are making geodata mining and mapping techniques essential to quantify soil sealing. Different keywords are adopted to define the phenomenon. However, at present, review articles presenting the state-of-the-art on mapping soil sealing by including the most common definitions are currently not available. Hence, we analyzed: (a) impervious surface, (b) soil sealing, …