Digital Commons Network^™

Civic Duties And Cultural Change, Daniel B. Rice

Faculty Publications

What duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America’s constitutional tradition. From shoveling snow to repairing roads to fighting overseas, private individuals have long been forced to serve the public in ways menial and profound. Strangely, the discourse of obligation that legitimated numerous compulsions has faded from professional view. Judges’ mawkish tributes to liberty pay no …

Assessing The Past And Future Of Article Iii, Section 12 Of The South Dakota Constitution, Neil Fulton, Madison Gosch

Faculty Publications

The framers of South Dakota’s Constitution feared corruption among public officials. This inspired them to implement structural checks on corruption in that organic document. One result of that effort was Article III, Section 12. That provision prohibited legislators from entering contracts authorized during their term. It further prohibited legislators from occupying other public offices during the legislative service or being appointed to offices created or given increased compensation during their term. The expansion of state government’s reach over time and a recent reinterpretation of Article III, Section 12 raises the question of how well it aligns with current circumstances. This …

Workplace Retaliation And The Intersection Of Protected Conduct And Job Performance, Chris Schmidt

Faculty Publications

No abstract provided.

Reevaluating South Dakota's Child Support Deduction: Balancing Retirement Contributions And Children's Needs, Marilyn Trefz

Faculty Publications

This article explores how South Dakota’s child support provisions, particularly the 10% allowable deduction for voluntary retirement contributions from parents’ gross income, affect the fair distribution of financial responsibilities between parents. By exploring the historical context and evolution of this statute, this article highlights the challenges and disparities the 10% deduction creates, particularly for custodial parents living in poverty. Through a comparative analysis with other states and a discussion on balancing retirement savings with child support needs, the article argues for reconsideration of the statutory allowance. The article’s aim is to ensure that the next revision of the child support …

Identifying All Matches Of A Rigid Object In An Input Image Using Visible Triangles, Abdullah N. Arslan

Faculty Publications

It has been suggested that for objects identifiable by their corners, every triangle formed by these corner points can serve as a reference for detecting other corner points. This approach enables effective rigid object detection, including partial matches. However, when there are many corner points, the implementation becomes impractical due to excessive memory requirements. To overcome this, we propose a new algorithm that leverages Delaunay triangulation, considering only the triangles generated by the Delaunay triangulation to reduce the complexity of the original approach. Our algorithm is significantly faster and requires significantly less memory, offering a viable solution for large problem …

Indirect Earnings Management, Scott B. Jackson, Jason T. Rasso, Aaron F. Zimbleman

Faculty Publications

We hypothesize that managers use their hierarchical role as reviewers of accounting judgments and estimates to manage earnings, which we call indirect earnings management (IEM). Across a series of experiments using highly experienced financial executives as participants, we provide evidence that IEM (1) is likely used by managers to achieve current and future earnings targets, (2) reduces both cognitive dissonance associated with managing earnings and the extent to which managers think that their behaviors constitute earnings management, and (3) is more likely to be used when corporate governance is strong than when corporate governance is weak. The results of this …

Mapping Glams: Creating A National Dataset Of Glams To Develop A Categorical Climate-Change Risk Assessment Scale, Edward Benoitiii, Jill Trepanier, Jennifer Vanos, Emily Fisher, Kaitlyn Bailey, Annie Waddell, Haley Moore, Mandy Hatman, Mary Sidwell, Symonne Russell, Virginia Seger, Paige Boutte, Amanda Latta, Zoe Mohammad, Kyriel Felton, Erin Deliman, Breanna Benson-Pearce, Wendy Johnson, Allyson Russell, Baillie Pretzer, Christopher Reeder, Melissa Mcconnell, Lisa Dahlke, Kaitlynn Melear, Lillian Bodi, Savannah T. Lyle, Zach Lannes, Gwen L. Wells, Benjamin A. Teincuff, Jason M. Straight, Tiffany Rockwell, Shane T. Manthei, Jennifer L. Benner

Faculty Publications

Introduction. The PROTECCT-GLAM project aims to assess and address climate risks for U.S. galleries, libraries, archives, and museums (GLAMs). The project team began with creating a national dataset of GLAMs. Method. The project team used existing datasets that required different auditing and manipulation techniques to align its data. Following the data normalization, the master file included 77,960 entries. Analysis and Results. The project team used ArcGIS Pro to analyze a dataset of galleries, libraries, archives, and museums (GLAMs) for risk from sea level rise, finding 16,877 GLAMs within 30 kilometres of the U.S. coast, with California, New York, Maryland, Florida, …

An Early Web History Of Vaccine Skeptical Digital Rhetorics, Miles C. Coleman, Will Mari

Faculty Publications

Vaccine hesitancy is a public health threat stoked by vaccine skeptical rhetorics that circulate via the Web. While there is a body of work that studies the digital rhetorical tactics of vaccine skeptics, most of this work focuses on the Web rhetorics of the “Web 2.0” era, leaving the “Web 1.0” era relatively understudied and, in turn, foreclosing opportunities to look back before moving forward in the current moment. In efforts to yield glimpses into the antecedents of digital culture that have shaped contemporary vaccine skeptical discourses, in this article, we draw on systematically sourced website “snapshots” of vaccine skeptical …

Designing For Relational Ethics In Online And Blended Learning: Levinas, Buber, And Teaching Interfaith Ethics, Michael Hubbard Mackay, Jason K. Mcdonald, Andrew C. Reed

Faculty Publications

Online and blended learning (OBL) overemphasize the process of creating artifacts, producing strategies, or otherwise utilizing a “making” orientation in education. As an alternative to this making-orientation, we offer a model for relational course design founded in the philosophies of Emmanuel Levinas and Martin Buber. We examine an OBL course design focused on interfaith leadership and ethics that lends itself to the need for relational pedagogy. The focus on asymmetrical and symmetrical relationships that separate Levinas and Buber’s philosophies enable rich ways of designing relational pedagogies and for resisting the making orientation. By focusing on human relationships, we demonstrate design …

The Forms Of Representation: How To Be A Kantian Realist, Willem A. Devries

Faculty Publications

Sellars argued that Kant did not make certain distinctions concerning space and time, and because of this adopted his transcendental idealism. Once these distinctions are made, the path to realism remains open. Sellars' argument is not entirely clear. This essay attempts to clarify the argument, showing why Sellars believed he could remain a scientific realist while also adopting a Kantian style epistemology.

Improved Performance Of Catalysts Containing Pt, Pt-Sn, And V In The Dehydrogenation Of N-Butane By Radio-Frequency Induction Heating, Cameron L. Roman, Jonathan Lucas, James A. Dorman, Kerry M. Dooley

Faculty Publications

Due to an abundance of shale gas, manufacturers are interested in meeting increased demands for alkenes, especially n-alkenes, by the dehydrogenation of light alkanes. While the catalysts for these reactions have been studied for many years, alkene selectivity and deactivation remain challenging problems. This work addresses these problems by the substitution of a localized indirect heating method (radio-frequency induction heating, RF-IH) for more traditional process heating employing steam or burners (e.g., natural gas combustion). RF-IH has been applied to the dehydrogenation of n-butane to C4 alkenes by utilizing magnetically susceptible catalysts based on Fe/Fe3O4 susceptors. Magnetic core-shell catalysts with either …

Poromechanical Solution For One-Dimensional Large Strain Consolidation Of Modified Cam-Clay Soil, Sheng Li Chen, Hai Sui Yu, Younane N. Abousleiman, Christopher E. Kees

Faculty Publications

A theoretical model describing the one-dimensional large strain consolidation of the modified Cam-Clay soil is presented in this paper. The model is based on the Lagrangian formulation and is capable of featuring the variability of soil compressibility (inherently due to the direct incorporation of the specific Cam-Clay plasticity model) and permeability, as well as the impact of the overconsolidation ratio (OCR). The derivation starts from the establishment of the incremental stress–strain relations for both purely elastic and elastoplastic deformations under one-dimensional compression conditions, and thereafter the coefficients of compressibility/volume change that are essential to the consolidation analysis. The governing partial …

International Society Of Sports Nutrition Position Stand: Β-Hydroxy-Β-Methylbutyrate (Hmb), John A. Rathmacher, Lisa M. Pitchford, Jeffrey R. Stout, Jeremy R. Townsend, Ralf Jäger, Richard B. Kreider, Bill I. Campbell, Chad M. Kerksick, Patrick S. Harty, Darren G. Candow, Brandon M. Roberts, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Douglas S. Kalman, Jose Antonio

Faculty Publications

Position Statement: The International Society of Sports Nutrition (ISSN) bases the following position stand on an analysis of the literature regarding the effects of β-Hydroxy-β-Methylbutyrate (HMB). The following 12 points have been approved by the Research Committee of the Society: 1. HMB is a metabolite of the amino acid leucine that is naturally produced in both humans and other animals. Two forms of HMB have been studied: Calcium HMB (HMB-Ca) and a free acid form of HMB (HMB-FA). HMB-FA appears to lead to increased appearance of HMB in the bloodstream when compared to HMB-Ca, though recent results are mixed. 2. …

The Development Of A Rag-Based Artificial Intelligence Research Assistant (Aira), Hamid Vakilzadeh, David A. Wood

Faculty Publications

No abstract provided.

Ban Cookie Banners: A Case Study In Tech Regulation, Kate Klonick

Faculty Publications

Few experiences on the modern internet are as universally reviled as the cookie banner. They clutter websites with pop-ups, interrupt user flow, make information harder to access, and demand repetitive, meaningless clicks. What was once heralded as a tool to advance individual autonomy and privacy has, in practice, become a daily annoyance that breeds cynicism with the very concept of consent itself. Cookie banners do not empower; they weary. They do not inform; they obscure. They do not prevent surveillance; they normalize it.

The tragedy of the cookie banner is that it embodies the best intentions but worst solutionism of …

Emergency Oversight, Catherine Baylin Duryea

Faculty Publications

This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts. This Article analyzes one such experiment: judicial oversight of agencies implementing wartime anti-inflationary measures, i.e., price controls and rationing. During the war, Congress created a specialized court, the Emergency Court of Appeals (ECA), to hear disputes …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

Getting The Reader To Say “Yes”: Applying Negotiation Principles From The Books Getting To Yes And Getting Past No To Achieve Effective And Persuasive Legal Writing, Patricia G. Montana

Faculty Publications

This Article explores the relationship between the strategies of principled negotiation and effective persuasive legal writing as articulated in the best-selling books, Getting to Yes and Getting Past No. Though there is substantial scholarship advocating adding a negotiation component to legal writing instruction, there is little scholarship addressing how to apply the concepts of principled negotiation to persuasive writing itself. In this Article, the Author explains the foundational concepts of principled negotiation and then shows how they relate and apply to drafting an effective piece of persuasive legal writing. Looking at written advocacy through a negotiation lens reinforces good …

The Case For Specific Performance Of Personal Service Contracts, Kimberly D. Krawiec, Nathan B. Oman

Faculty Publications

The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time, there is a well-developed literature suggesting that specific performance is often a superior remedy to money damages, and those arguments apply with equal or greater force to personal service contracts. We, therefore, argue that this per se rule is mistaken. The per se rule has been justified by the need to avoid involuntary servitude, preserve personal autonomy, and husband judicial resources. We argue that these claims cannot justify a per se rule against specific performance, particularly as at-will …

Studying Repeat Victimization: A Consideration Of Measurement Issues, Christi Metcalfe, Robert Brame, Tara E. Martin, Angela R. Gover

Faculty Publications

Decades of research have recognized the phenomenon of repeat victimization and its policy relevance. Although there are continuing efforts to explain the theoretical underpinnings of repeat victimization, there are still measurement-related issues that limit our understanding of the topic and ability to inform interventions, including varying operational definitions, data constraints, and sampling and nonsampling error. In this article, we review theoretical advances in the literature over the past decade, propose operationalizations that can foster greater consistency across studies, comprehensively assess the data constraints around commonly used public data sources to study repeat victimization, and empirically demonstrate how one of these …

A Textbook Equity Student Advisory Board, Karlee Colby, Anne Marie H. Gruber

Faculty Publications

Engaging college students in advocacy related to open educational resources (OER) is an important way to raise awareness and encourage OER adoption on campuses in higher education. The student perspective is vital to encouraging instructors and administrators to be responsive to student needs, concerns, and preferences related to course materials access, and to consider affordability and usage rights. This case study describes the library-facilitated Textbook Equity Student Advisory Board at the University of Northern Iowa, a medium-sized regional comprehensive university. The board serves as a two-way communication outlet between textbook equity campus leaders and students, including student government. This article …

Intensive Longitudinal Models, Robert E. Ployhart, Paul D. Bliese, Sam D. Strizver

Faculty Publications

Intensive longitudinal models (ILMs) allow researchers to analyze nested data collected through frequent measurements—typically 20 or more repeated occasions—over densely spaced durations. Rather than being a single statistical approach, ILMs encompass various models unified by their capability to handle densely collected longitudinal data. We briefly summarize the nature of intensive longitudinal designs and why such designs require the use of ILMs. We then provide a classification typology to help readers understand the features of an ILM they should adopt. This classification typology provides the structure for a narrative review of existing ILM research. We conclude with specific recommendations for using …

Ready Or Not, The Deadline Is Coming! Getting Onboard With Accessible Course Content, Karen Edwards, Lena Pinkston

Faculty Publications

People with disabilities often have less engagement with and access to online resources (Lissitsa & Madar, 2018). Accordingly, the Department of Justice’s (DOJ) Final Rule (89 FR 31320, 2024) for Title II of the Americans with Disabilities Act of 1990 (ADA) requires many public educational institutions and others to comply with the Web Content Accessibility (WCAG) Guidelines Version 2.1 AA by April 24, 2026. Compliance officers and technology specialists across the country have been working to make sure institutional websites and apps meet the Guidelines. Despite spirited debate during the rulemaking process, the updated rule also requires instructional content within …

The Serendipity Of Discovery: Life Of A Geochemist, Willard S. Moore

Faculty Publications

My strategy for writing this autobiography is to use examples of how working on seemingly different projects can often lead to outcomes more important than originally envisioned. Serendipity is a "happy accident"; specifically, the accident of discovering something useful without directly looking for it. This often occurs when two research projects converge unexpectedly. The main text contains examples of how serendipity has led me to important discoveries including: (a) finding surprisingly high ²²⁸Ra activities in the ocean, (b) developing a means of rapidly and quantitatively extracting radium from seawater, (c) devising a rapid, sensitive method of measuring ²²⁴Ra …

The Fifth (202-195 Bce) And The Sixth (170-168 Bce) Syrian Wars In The Dead Sea Scrolls: Implications For Understanding The Origin Of The Maccabean Revolt, Kenneth Atkinson

Faculty Publications

The rulers of the Seleucid and the Ptolemaic Empires fought six wars for control of the region known as Coele-Syria during the third and the second centuries BCE. These conflicts weakened both powers, allowing them to be conquered by the Roman Republic. For the Jews of Judea, the Fifth Syrian War witnessed increased conflicts in the country among its high priests regarding the nature of Hellenistic reforms and how to deal with the Seleucid Empire. These difficulties continued and led to the Maccabean Revolt at the conclusion of the Sixth Syrian War, which would eventually culminate in Judean independence from …

Harnessing Big Heterogeneous Data To Evaluate The Potential Impact Of Hiv Responses Among Key Populations In Sub-Saharan Africa: Protocol For The Boloka Data Repository Initiative, Refilwe Nancy Phaswana Mafuya, Edith Phalane, Amrita Rao, Kalai Willis, Katherine Rucinski, K. Alida Voet, Amal Abdulrahman, Claris Siyamayambo, Betty Sebati, Mohlago Seloka, Musa Jaiteh, Lerato Lucia Olifant, Katharine Journeay, Haley Sisel, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Neset Hikmet, Prashant Duhoon, Francois Wolmarans, Yegnanew A. Shiferaw, Lifutso Motsieloa, Mashudu Rampilo, Stefan Baral

Faculty Publications

Background: In South Africa, there is no centralized HIV surveillance system where key populations (KPs) data, including gay men and other men who have sex with men, female sex workers, transgender persons, people who use drugs, and incarcerated persons, are stored in South Africa despite being on higher risk of HIV acquisition and transmission than the general population. Data on KPs are being collected on a smaller scale by numerous stakeholders and managed in silos. There exists an opportunity to harness a variety of data, such as empirical, contextual, observational, and programmatic data, for evaluating the potential impact of HIV …

Associations Between County-Level E-Cigarette-Inclusive Tobacco 21 Law Population Coverage And E-Cigarette Use Behaviors Among United States Adolescents In Monitoring The Future, James H. Buszkiewicz, Catherine A. Vander Woude, Yanmei Xie, Steven Cook, Bukola Usidame Peters, Megan E. Patrick, Michael R. Elliott, James F. Thrasher Ph.D., Ma, Ms, Nancy L. Fleischer

Faculty Publications

Background and aims: In the United States (US), Tobacco 21 (T21) laws set the minimum legal sale age for all tobacco products to 21 years. This study aimed to examine whether e-cigarette-inclusive T21 laws were associated with e-cigarette use behaviors and related disparities among US adolescents. Design: We used nationally representative, repeated cross-sectional Monitoring the Future data to compare self-reported current e-cigarette use (2014–2022) and first e-cigarette initiation (2015–2022) among adolescents in counties with 100% ('full') versus < 100% ('partial or no') e-cigarette-inclusive T21 law population coverage using modified Poisson regression, examining differences by sex, race and ethnicity, parental educational attainment and college educational expectations through interactions. Setting: United States. Participants: 8th, 10th and 12th graders. Measurements: County-level e-cigarette-inclusive T21 law population coverage was determined using Tobacco 21 Population Coverage Database and US Census Bureau population data. Current e-cigarette …

Healthcare Providers’ Perspective On Hiv Testing And Hypothetical Mhealth-Connected Linkage To Care Among Men Who Have Sex With Men (Msm) In South Carolina, Tony Brown, Prince Nii Ossah Addo, Monique J. Brown Ph.D., Mph, Xiaoming Li, Oluwafemi Adeagbo

Faculty Publications

Background: HIV continues to be an important public health concern in South Carolina (SC). However, an examination of providers’ willingness to use mHealth technologies to address ongoing barriers to HIV care and prevention strategies, particularly among men who have sex with men (MSM) is currently lacking in SC. We therefore explored HIV care providers’ perceptions of HIV testing and treatment uptake among MSM, and providers’ willingness to use mHealth technology to address barriers to HIV testing and treatment in SC. Methods: Between August and December 2021, we conducted semistructured virtual interviews with 10 HIV care providers recruited purposively based on …

Design Of A Laser Writing Instrument For Selective Local Patterning Of Vanadium Oxide Phases, Junjie Li

Faculty Publications

No abstract provided.

The Marginal Value Of Public Pension Wealth: Evidence From Border House Prices, Darren Aiello, Asaf Bernstein, Mahyar Kargar, Ryan Lewis, Michael Schwert

Faculty Publications

We study how state pension windfalls affect property prices near state borders, where theory suggests real estate reflects the value of additional public resources. Windfalls, representing a source of state revenue about half the size of total taxes, provide economically significant and plausibly exogenous variation in fiscal conditions. We find that each dollar of pension asset returns increases border house prices by approximately two dollars, suggesting that governments allocate additional funds towards high-value projects or tax abatement rather than wasting incremental resources. Evidence of larger effects in financially constrained municipalities highlights how fiscal resources amplify welfare effects of economic shocks.