Digital Commons Network^™

Revising Llm Text To (Re)Discover Rhetoric In A Graduate Seminar, Clancy Ratliff

Faculty Publications

In this essay, I share an assignment that asks students to engage in rhetorical revision of LLM text using a changelog table as a tool to document the revision. To demonstrate to the students what I was asking them to do, I did the assignment myself, and my example is included in this chapter as well. I argue that the style of generated text from LLMs calls for increased resistance to the norms and conventions of school writing and an embrace of writing that’s more rhetorical: a bit more personal, risky, rule-breaking, creative, and experimental, intentionally centering purpose and audience. …

Correction: Effect Of Mississippi River Discharge Plume On Temporal And Spatial Variability Of Toxic Cyanobacteria In An Oligohaline Estuary (Hydrobiologia, (2024), 851, 1, (87-103), 10.1007/S10750-023-05322-3), Callie Snow, Sibel Bargu, Courtney Nicole Hammond, Matthew Hiatt, John R. White

Faculty Publications

The above-mentioned publication contains an erroneous calculation of flushing times using Eq. 1 in the paper. In the published version, we report flushing times as follows: “According to Eq. 1, flushing times associated with the BCS openings were 45 and 54 days for the first and second openings in 2019, respectively.” In the Discussion section, flushing time is erroneously reported as 51 days. These errors arose from a mistake in calculating the tidal prism of Lake Pontchartrain. In the published version, a data entry mistake in a spreadsheet formula led to 6 km² being used for the area of …

A Scalogram-Based Cnn Approach For Audio Classification In Construction Sites, Michele Scarpiniti, Raffaele Parisi, Yong Cheol Lee

Faculty Publications

The automatic monitoring of activities in construction sites through the proper use of acoustic signals is a recent field of research that is currently in continuous evolution. In particular, the use of techniques based on Convolutional Neural Networks (CNNs) working on the spectrogram of the signal or its mel-scale variants was demonstrated to be quite successful. Nevertheless, the spectrogram has some limitations, which are due to the intrinsic trade-off between temporal and spectral resolutions. In order to overcome these limitations, in this paper, we propose employing the scalogramas a proper time–frequency representation of the audio signal. The scalogram is defined …

Student Interaction With Generative Ai: An Exploration Of An Emergent Information-Search Process, Ryan M. Schuetzler, Justin Scott Giboney, Taylor M. Wells, Benjamin Richardson, Tom Meservy, Cole Sutton, Clay Posey, Jacob Steffen, Amanda Lee Hughes

Faculty Publications

ChatGPT, a generative artificial intelligence, is one of the fastest-adopted tools in history and has quickly become a valued tool in education. This study seeks to understand how generative artificial intelligence has changed the information search process. We collected prompts submitted to ChatGPT and thoughts about ChatGPT responses through a survey of 455 students at a US university. Using thematic analysis, we identified ways that ChatGPT changes the information search process of students by supporting diverse information needs, allowing cycling of prompt adjustments, and promoting easy adoption of results.

The Intellectual Structure Of Audit Committee Research: A Bibliometric Analysis (1969 – 2020), Joel Behrend, Marc Eulerich, David A. Wood

Faculty Publications

The audit committee is a widely recognized mechanism of effective corporate governance. We advance prior literature reviews by using bibliometric analysis techniques that comprehensively process large bodies of bibliometric information. We base inferences on citation patterns of 1,173 articles to identify concepts that “shine through” within the scientific understanding of audit committees. Using content analysis, we then analyze these concepts and explore existing interrelationships. We document a declining influence of audit committee research, as well as a widening gap between the quantitative and qualitative research camps. While the former is mostly derivative in nature, the latter produces innovative insights on …

Effects Of Cognitive And Social Demands On Linguistic Production For People With Moderate, Mild, Or No Aphasia, Tyson G. Harmon, Emily Mcdonald, Kyle Steele

Faculty Publications

Background

Most everyday communication occurs in situations where cognitive and social demands are present. These types of situations may compound language deficits for people with aphasia (PWA). An understanding of the language interference that may occur from cognitive and social demands is an important precursor for assessment and intervention that addresses everyday communication situations.

Aims

To determine how cognitively and socially demanding conditions affect micro- and macrolinguistic production for people with moderate, mild, or no aphasia during narrative discourse and to compare effects among groups.

Method

Thirty participants with mild (n = 9), moderate (n = 9), or no (n …

Relationship Between Genotype And Disease Phenotype For Gluten-Related Disorders, Michael Roberts, Nadine Grzeskowiak, Stephen Bricher

Faculty Publications

We investigated gluten-related disorders (GRD) in intestinal biopsy-proven subjects to determine the relation between genotype (i.e., Human Leukocyte Antigen (HLA) DQ alleles) and phenotype (i.e., antibody levels and clearly defined symptoms). Subjects had known DQ genotypes, information on IgA anti-Endomysial antibodies (EMA) and/or anti-tissue Trans Glutaminase (tTG) antibodies (tTGA). Subjects also answered a survey characterizing gastrointestinal, skin, and neural symptoms. Though all were biopsy-proven, HLA genotypes included all combinations of DQ2.5, DQ2.2, DQ8, DQ7.5, DQ5, and DQ6. Subject antibody levels were proportional to the number of DQ2.5 haplotypes, and subjects with non-CD-associated haplotypes did not have positive antibody scores (despite …

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Killing Stays, Madalyn K. Wasilczuk

Faculty Publications

For decades, the Supreme Court has been suspicious of litigation under warrant in capital cases. The Court has described last-minute litigation as manipulative and dilatory, a result of gamesmanship by people on death row and their lawyers. With the confirmation of Justice Brett Kavanaugh in 2018, the Court began to extinguish the opportunity to assert death row detainees’ rights against unlawful death sentences and executions, reaching a crescendo of stay vacaturs and denials during the Trump executions. Despite this sea change in capital stay jurisprudence and practice, few scholars have focused on the capital stay as a vital component of …

Physical Activity, Anxiety, Depression, And Coping In Turkish Men And Women During The First Wave Of Covid-19, Bijen Filiz, Funda Coşkun Özyol, Bengü Güven, Ezel Nur Korur, Yılmaz Yüksel, Cavit Işık Yavuz, Kele Ding, Jingzhen Yang, J. Larry Durstine Phd, Facsm, Faacvpr, Fnak, Ming-Kai Chin, Gıyasettin Demirhan

Faculty Publications

A need exists to better understand the relationships between COVID-19, coping behaviors, physical activity and stress, and COVID-19’s impact on way of life. A cross-sectional study design was used to examine adult physical activity, hope, depression, anxiety, and coping status by gender during the COVID-19 pandemic, and to determine the impact of these variables on the coping process. The study also examined the effect of gender on the relation between physical activity and dependent variables. A global survey instrument was used in this study, including 1,400 Turkish adults. This study identified significant gender-based differences regarding physical activity, hope, depression, anxiety, …

The Contracts Word List: Integral Vocabulary For Reading And Writing English Contracts, Elizabeth Hanks, Brett James Hashimoto, Jesse Egbert

Faculty Publications

Both Business English as a Lingua Franca (BELF) and Legal English as a Lingua Franca (LELF) users engage with legal contracts regularly. However, contractual language is notoriously complex, due in part to the vocabulary it contains. To help mitigate the challenges related to learning the vocabulary of contracts, this paper introduces a word list of American English contracts called the ContractsWord List (CWL).We describe the compilation of the Corpus of English Business Contracts (CEBC) that represents six major contract types in 48 million words. The extraction of prevalent and specialized words from the CEBC is described, following validation procedures in …

Mir-379-5p Affects Breast Cancer Cell Behavior By Targeting Ube2e3 Ubiquitin Conjugating Enzyme, Araya K. Schroder, Conor J. Loy, Fernanda Aiala, Jazmyn Rafique, Arnob Ghosh, Lina I. Yoo

Faculty Publications

No abstract provided.

Common Questions And Misconceptions About Caffeine Supplementation: What Does The Scientific Evidence Really Show?, Jose Antonio, Daniel E. Newmire, Jeffrey R. Stout, Brandi Antonio, Maureen Gibbons, Lonnie M. Lowery, Joseph Harper, Darryn Willoughby, Cassandra Evans, Dawn Anderson, Erica Goldstein, Jose Rojas, Matías Monsalves-Álvarez, Scott C. Forbes, Jose Gomez Lopez, Tim Ziegenfuss, Blake D. Moulding, Darren Candow, Michael Sagner, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak

Faculty Publications

Caffeine is a popular ergogenic aid that has a plethora of evidence highlighting its positive effects. A Google Scholar search using the keywords “caffeine” and “exercise” yields over 200,000 results, emphasizing the extensive research on this topic. However, despite the vast amount of available data, it is intriguing that uncertainties persist regarding the effectiveness and safety of caffeine. These include but are not limited to: 1. Does caffeine dehydrate you at rest? 2. Does caffeine dehydrate you during exercise? 3. Does caffeine promote the loss of body fat? 4. Does habitual caffeine consumption influence the performance response to acute caffeine …

The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan Van Patten

Faculty Publications

The movie, 12 Angry Men, is a fictionalized portrayal of a deliberation in a murder case from inside the jury room.  It provides a memorable treatment of the difficulty of deciding a case solely on the evidence admitted, as well as illuminating the dynamics of argument, emotion, and persuasion, particularly where deep-seated passions preclude honest evaluation of the evidence.

Where Do I Belong? : Creating An Inclusive Metadata Policy, Nicole Lewis, Karen Glenn, Jeremy Myntti, Sharolyn Swenson, Katie Yeo

Faculty Publications

Inclusiveness and honoring different cultures that reflect our patrons has been discussed in many different venues in the last few years. The staff of the Brigham Young University Library recognized the need for our metadata to demonstrate the commitment we have to honor others and to create a community of belonging. The staff also recognized that a policy would provide a roadmap for how to embark on fixing legacy metadata and how to move forward in creating metadata that reflects our core values in the library and at the university. This case study details how we developed an inclusive metadata …

Incorporating Real-World Legal Practice Into Law School Curricula, John Lande

Faculty Publications

This annotated bibliography was prepared for the program, “Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum,” at the 2024 Annual Conference of the ABA Section of Dispute Resolution. It includes relevant entries from the Real Practice Systems Project Annotated Bibliography.

This includes three sections, identifying: (1) problems with legal education and licensing, (2) resources for law schools and faculty, and (3) resources for law students. It particularly focuses on teaching skills for helping clients, which is critically important because practitioners often fail to recognize and respect clients’ perspectives and interests. Teaching students to work well with clients – and …

Rebalancing Judicial Immunity For Civil Rights Actions, Bailey D. Barnes

Faculty Publications

Sterilization for shorter jail sentences. Vasectomies and birth control implants for freedom. In 2017, a criminal court judge in rural Tennessee made this offer to people incarcerated through sentences issued by his court. When litigators sought monetary damages and to enjoin the practice, and the local media exposed the scheme, the judge begrudgingly rescinded the order while expressing surprise that it was controversial. The Board of Judicial Conduct issued a letter of reprimand to the judge. Meanwhile, the United States District Court for the Middle District of Tennessee summarily dismissed the constitutional tort claims against the judge based on absolute …

A Tribute To Professor Marjorie Corman Aaron Upon Her Retirement, Sandra F. Sperino

Faculty Publications

No abstract provided.

Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana

Faculty Publications

The COVID-19 pandemic washed over the already uneven landscape of legal academia with an unrelenting force, hitting the most vulnerable most harshly while leaving others bobbing or churning in the waves, loosening the tethers to the social and institutional structures that had previously supported them. Some of the most devastating losses were unsurprising and indeed played out as had long been feared or predicted in times of crisis. Other harms played out in entirely new ways, creating new scars and obstacles. As we survey the changes brought across this landscape in the pandemic's wake, several emerging themes deserve further scrutiny …

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Faculty Publications

Third-Party Litigation Funding (TPLF), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff's pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent fee agreement, this type funding model enables a party to bring a lawsuit even if it does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF essentially …

Guns, Vices And Freedom, Oh My: A Preliminary Empirical Investigation, Royce De R. Barondes

Faculty Publications

This Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions con-cerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center’s ratings of the restrictiveness of a State’s regulation of fire-arms. For each, the Essay estimates the relationship between it and each of the levels of vices and freedom.

The Giffords score (more restrictions scored higher) is negatively related to the Cato Institute’s measure of overall freedom and regula-tory policy freedom but positively related to Cato’s …

Just Consumer Financial Protection: Prevention Or Cure, Andrea Boyack

Faculty Publications

This article examines the relationship between two complementary and related consumer financial protection approaches: regulatory oversight of financing terms (ex ante protection) and bankruptcy discharge of consumer debts (ex post protection). Although often conceptualized as distinct areas of law, consumer financial regulation and consumer bankruptcy are two sides of the same coin and function together to treat the harms of financial distress. This article seeks to explore the relationship and tensions between these various approaches by juxtaposing consumer debtor-creditor law attitudes and legal developments in continental Europe (primarily France and Germany) with those in the United States. After …

Petition Power, Erika Lietzan

Faculty Publications

The law cannot be kept secret. We cannot comply with rules that we do not know. Nor can we question their legitimacy, which is both our right and our duty as citizens. And yet, a substantial body of law applied in this country is difficult for anyone but federal agency insiders to piece together. Rather than publishing regulations that lay out standards of conduct for the future, many agencies interpret the law, and articulate and implement new policies, as they go. Those subject to the law they implement are left to piece the rules together by studying whatever information is …

News And Perspectives: Words Matter In Primatology, Michelle Bezanson, Liliana Cortés-Ortiz, Júlio César Bicca-Marques, Ramesh Boonratana, Susana Carvalho, Marina Cords, Stella De La Torre, Catherine Hobaiter, Tatyana Humle, Patrícia Izar, Jessica W. Lynch, Tetsuro Matsuzawa, Joanna M. Setchell, Gladys Kalema Zikusoka, Karen B. Strier

Faculty Publications

Postings on social media on Twitter (now X), BioAnthropology News (Facebook), and other venues, as well as recent publications in prominent journals, show that primatologists, ecologists, and other researchers are questioning the terms “Old World” and “New World” due to their colonial implications and history. The terms are offensive if they result in erasing Indigenous voices and history, ignoring the fact that Indigenous peoples were in the Americas long before European colonization. Language use is not without context, but alternative terminology is not always obvious and available. In this perspective, we share opinions expressed by an international group of primatologists …

Heritable Genome Editing, And The Future Of Novel Reproductive Technologies, Kerry L. Macintosh

Faculty Publications

This Article compares human reproductive cloning (HRC) and
heritable genome editing (HGE) to identify factors that encourage bans
on novel reproductive technologies. HRC drew legislative opposition
in part because it involved asexual reproduction and was incorrectly
associated with copying. HGE and other technologies that involve
sexual reproduction do not have those problematic qualities. HRC also
became entangled with research in which human embryos were cloned
to be harvested for their stem cells. HGE did not because scientists
learned how to create and edit pluripotent stem cells without creating
embryos. However, the legal history of HRC predicts that reproductive
technologies strongly …

Long Overdue: The Need For An Examination Of The Specter Of Racial Bias In The Federal Death Penalty System, John Nidiry, Ruth Friedman

Faculty Publications

The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The federal death penalty, especially with regard to the impact of race, however, remains largely unexamined.
It is time to bridge this gap in the research on racial bias in the criminal justice system and in the implementation of the federal death penalty specifically. There are, as this Article sets …

Silence As Consumer Consent: Global Regulation Of Negative Option Contracts, Kaitlin A. Caruso, Prentiss Cox

Faculty Publications

Worldwide, the “subscription economy” has exploded in recent years, especially among online sellers of consumer goods and services. These subscriptions use various contract forms-- but many have one common feature: the negative option. With a negative option contract, once a consumer has signed up, the contract will continue until the consumer actively reaches out to cancel it. These are wildly popular among sellers, as they create continuous income and put inertia on the sellers' side. Unsurprisingly, then, consumers complain in extraordinary numbers about being trapped in agreements that are easy to sign up for but seemingly impossible to cancel. Even …

Unattended In-Home Delivery Under Varying Scenarios Of Technology-Enabled Anonymity, James C. Brau, Hugo A. Decampos

Faculty Publications

Whereas many companies have explored attended in-home delivery as one solution to challenges associated with last mile delivery, few have explored unattended in-home delivery. This paper examines consumer willingness to allow unattended in-home delivery under various scenarios of anonymity. Specifically, we study how blockchain-enabled anonymity of sellers, delivery companies, and consumers can influence consumer willingness to allow unattended in-home delivery of a nutritional product in this last mile service triad. Hypotheses build on agency theory and the potential for information asymmetry and opportunism. The analyses are based on data from 784 responses to an online survey of end-consumers who were …

An Integrated Model For Information Adoption & Trust In Mobile Social Commerce, Fulya Acikgoz, Abdelsalam Busalim, James Gaskin, Shahla Asadi

Faculty Publications

Despite the growing importance of mobile social commerce (ms-commerce), little research has been conducted on the effects of informational and social factors on users’ post-adoption behavior. We, therefore, build on the understanding of mobile social commerce in the UK market and how it affects users’ post-adoption behaviors. Our theoretical model leverages the information adoption model, social support theory, and social influence theory. Data was gathered from 377 ms-commerce users from the UK and analyzed via Partial Least Squares (PLS-SEM). The research findings show that both informational and social factors have a positive impact on information adoption in ms-commerce apps. Furthermore, …

Asynchronous Movement Patterns Between Breeding And Stopover Locations In A Long-Distance Migratory Songbird, Theodore Zenzal, Andrea Contina, Hannah Vander Zanden, Leanne Kuwahara, Daniel Allen, Kristen Covino

Faculty Publications

The species-specific migratory patterns and strategies of many songbirds remain unknown or understudied, as research in animal ecology is biased toward the breeding period, with the fewest studies on the migratory period across taxa. Identifying large-scale spatiotemporal migratory patterns is challenging, as individuals within a species may vary in their migratory behavior and strategies. The Yellow Warbler (Setophaga petechia) is a Nearctic-Neotropical migrant that is relatively well studied during the breeding season, but its species-wide migratory patterns remain understudied. Our aim in studying Yellow Warbler movement ecology was to characterize temporal migration patterns during fall migration. We sought to determine …