Digital Commons Network^™

Wind Energy In Indian Country: A Study Of The Challenges And Opportunities Facing South Dakota Tribes, Patrick Garry, Candice J. Spurlin, Derek A. Nelson

Faculty Publications

The development of wind power in Indian country presents a unique opportunity for Indian tribes to advance economic and social interests while adhering to traditional values and mores. Challenges exist, however, for turning wind-rich lands into viable wind energy production sites. This comment focuses on these challenges and highlights the legal issues surrounding such an undertaking as more tribes become interested in pursuing such an opportunity.

Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal

Faculty Publications

No abstract provided.

International Indigenous Land Rights: A Critique Of The Jurisprudence Of The Inter-American Court Of Human Rights In Light Of The United Nations Declaration On The Rights Of Indigenous Peoples, Jo Pasqualucci

Faculty Publications

No abstract provided.

Health Literacy In The Mathematics Classroom: The Iowa Core Curriculum As An Opportunity To Deepen Students’ Understanding Of Mathematics, Elana Joram, Susan Roberts-Dobie, Nadene Davidson

Faculty Publications

By 2012, all high schools in Iowa will be required to incorporate the new Iowa Core Curriculum, followed by elementary and middle schools in 2014 (Iowa Department of Education, 2009). The Iowa Core Curriculum addresses the question: "How is Iowa's educational system preparing our youth for successful lives in the 21st-century global environment?" (Davidson, 2009). It consists of core content standards, and identifies essential concepts and skills for content areas. The Iowa Core Curriculum also includes the ―21st Century Skills‖ of ―health, financial, technology, and civic literacy, and employability skills. These skills are to be infused into existing subject matter …

Information In Isolation: Gossip And Rumor During The Uk 2001 Foot And Mouth Crisis – Lessons Learned, Christine Hagar

Faculty Publications

The 2001 foot and mouth disease (FMD) outbreak con stituted the biggest crisis ever to affect the UK farming system; it was one of the worst epidemics of its kind in the world. Farmers and rural communities were disrupted and traumatized as FMD spread rapidly through the whole of the country. The crisis unfolded as a series of information and communication problems, primarily from government to farmers, with consequences for action in a time of crisis. Farmers needed information at the different stages of the crisis to inform them about the various processes and procedures that had to be carried …

The Future Of Neuroimaged Lie Detection And The Law, Joelle A. Moreno

Faculty Publications

No abstract provided.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Faculty Publications

In the aftermath of the terrorist attacks of September 11, 21, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just “politics” and does not render a “compliance pull” on State decisionmakers. Critics have pointed out that Goldsmith and Posner’s identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers’ responses to such …

Conducting Social Cognition Research In Is: A Methodology For Eliciting And Analyzing Social Representations, Yoonhyuk Jung, Suzanne D. Pawlowski, Sonja Wiley-Patton

Faculty Publications

This paper presents a methodology for socio-cognitive research based on the theory of social representations. Elements of the methodology include:1) data elicitation through free word association; 2) content analysis/coding to identify key concepts in the social representation; 3) analysis of the structure of the representation using analysis of similarity and core/periphery analysis; 4) correspondence analysis to place the concepts on a perceptual space; and 5) interpretation of the social representation. The methodology is demonstrated in use through a study examining early sense-making about electronic health records (EHRs). Analysis of qualitative survey data from 190 students identified 22 concepts forming the …

Minimum Flow Rules For South Carolina Rivers, William L. Graf

Faculty Publications

No abstract provided.

Earnings Management In Ipos: Post-Engagement Third-Party Mitigation Or Issuer Signaling?, James C. Brau, Peter M. Johnson

Faculty Publications

Initial public offering (IPO) firms typically hire auditors, underwriters, and attorneys to assist in the IPO process. Many firms that take the IPO route are also backed by venture capitalists. In the extant literature, these four specialists (auditors, underwriters, attorneys, and venture capitalists) are termed third-party certifiers. In this study, we examine 3900 IPOs from 1985 to 2005 and document a significant negative and robust correlation between IPO firm earnings management and the presence of prestigious third-party certifiers. Next, we test if this correlation is driven by (1) IPO firms attempting to signal firm quality or (2) third-party certifiers mitigating …

Laryngeal Level Amplitude Modulation In Vibrato, Christopher Dromey, Lorie Reese, J. Arden Hopkin

Faculty Publications

Objectives: The goal of this investigation was to test a new methodology for measuring amplitude modulation (AM) at the level of the vocal folds during vibrato in trained singers, because previous research has suggested that AM arises in large part as an acoustic epiphenomenon through an interaction of the harmonics in the laryngeal source with the resonances of the vocal tract as the fundamental frequency oscillates.
Study Design: A within-subjects model was used to compare vocal activity across three pitch and three loudness conditions.
Methods: Seventeen female singers with a range of training and experience were recorded with a microphone …

The Spectrum Of Teaching Styles: Style E – The Inclusion Style, Robert S. Christenson, David C. Barney

Faculty Publications

One of the greatest challenges physical educators face in the classroom is getting all students to be actively participating in an activity. In this continued series of Mosston's "Spectrum of Teaching Styles," the "Inclusion Style" (Style E) helps the teacher with the idea of getting and keeping all students actively involved (See Figure 2) as it offers the opportunity for each individual to choose their own challenge. Mosston's "Inclusion Style" has at its very core the intent to give all students equal opportunity to participate while allowing decisions to be made that adjust the challenge by modifying the conditions.

Glimpse Into Simulation And Critical Thinking: A Pilot Study Comparing Utah And Ecuador, Katrina Duncan, Patricia K. Ravert

Faculty Publications

Classroom learning is practiced and applied through simulation, which can help develop critical thinking and clinical judgment skills imperative in clinical settings for both students and new nurse graduates. Simulation is well developed in the United States but is in early stages of use and development in South America.

Cultivating An Understanding Of U.S. Veterans: Our Honored Patients, Tausha Allen, Kent D. Blad, Jennifer Bloomfield, Rachel Dudley, Kelsie Egan, Ron S. Ulberg

Faculty Publications

As nursing students, we specifically chose to devote our time to learning how to better care for the veteran population. We worked with veterans as we traveled to Washington, D.C. and completed clinical experiences in Utah. These experiences greatly altered our perspective toward the armed forces and our appreciation for our nation’s freedom.

Relationship Found Between Parenting Styles And Sibling Relationships In Families Raising A Child With A Disability, Corinne Jackman, Barbara L. Mandleco

Faculty Publications

The purpose of this study was to examine parental perceptions of parenting styles and sibling relationships according to parent gender, sibling gender, and type of disability. Additionally, the purpose was to determine if there is a linkage between parenting styles and sibling relationships.

Neurophysiological Reflex Mechanisms’ Lack Of Contribution To The Success Of Pnf Stretches, J. Brent Feland, Sterling C. Hilton, J. Ty Hopkins, Iain Hunter, Ulrike H. Mitchell, J. William Myrer

Faculty Publications

Background and Purpose: Proprioceptive neuromuscular facilitation (PNF) stretches are widely used in athletics and rehabilitation. Although it has been shown that they produce better range-of-motion (ROM) increases than the slow or static stretch, the mechanisms responsible remain an enigma. This study was conducted to determine whether the previously proposed neurophysiological mechanisms of reciprocal inhibition and autogenic inhibition are responsible for the success of PNF stretches. In addition, the authors assessed the existence of the phenomenon of successive induction because it is used to strengthen reciprocal inhibition. Methods: Eighteen subjects 17–44 y performed the PNF stretches contract–relax (CR) and contract–relax, agonist …

Audit Standard Setting And Inspection For U.S. Public Companies: A Critical Assessment And Recommendations For Fundamental Change, Steven M. Glover, Douglas F. Prawitt, Mark H. Taylor

Faculty Publications

The Sarbanes-Oxley Act of 2002 (SOX) established the Public Company Accounting Oversight Board (PCAOB) to oversee the public accounting firms that audit publicly traded companies in the U.S. In this commentary we outline why we believe the PCAOB’s audit standard setting and inspection models are inefficient and dysfunctional. We assert that the Board’s ability to achieve its mission is limited by its early choices, together with its incentives, organizational composition, and structure. We support our assertions with a number of indicators of serious problems and flaws in the current approach. We also present high-level recommendations for change for policy makers, …

Corruption And Development: The Armenian Case, Phillip J. Bryson, Sevak Tsaturyan

Faculty Publications

To determine the relationship between corruption and economic growth variables, we undertake a general analysis of those relationships for 39 countries over an eleven year period. Since the data on corruption specific to Armenia are insufficient for an econometric analysis, we undertake a case study of that country to illuminate the relationships determined by the empirical analysis. We find corruption to be a hindrance for overall economic performance, since there is a strong negative correlation between corruption indices and real per capita GDP. Regressing real Foreign Direct Investment on corruption, however, we found no strong relationship between the two. Nor …

Using A Mathematical Model Of Cadherin-Based Adhesion To Understand The Function Of The Actin Cytoskeleton, J. C. Dallon, Elijah Newren, Marc Hansen

Faculty Publications

The actin cytoskeleton plays a role in cell-cell adhesion but its specific function is not clear. Actin might anchor cadherins or drive membrane protrusions in order to facilitate cell-cell adhesion. Using a mathematical model of the forces involved in cadherin-based adhesion we investigate its possible functions. The immersed boundary method is used to model the cell membrane and cortex with cadherin binding forces added as linear springs. The simulations indicate that cells in suspension can develop normal cell-cell contacts without actin-based cadherin anchoring or membrane protrusions. The cadherins can be fixed in the membrane or free to move and the …

Religion And Academic Achievement Among Adolescents, Benjamin Mckune, John P. Hoffmann

Faculty Publications

In this article, we examine the association between religiosity and academic achievement among adolescents. Recent research demonstrates a positive association between religiosity and academic success. However, some studies show that this association is due to family and community factors; for example, variation in levels of family capital among religious affiliates could explain it. Yet whether religious factors affect academic achievement among adolescents might also be due to the concordance or discordance of religiosity between parents and their children. Using data for two years from the National Longitudinal Study of Adolescent Health, we examine the associationbetween adolescents‘ religiosity, parents‘ religiosity, and …

Doma And The Internal Revenue Code, Patricia A. Cain

Faculty Publications

The purpose of this article is to make the argument that I think needs to be made: DOMA, as applied to the Internal Revenue Code as a whole, is unconstitutional because it lacks a rational basis.

Let me explain, up front, that my constitutional argument about § 3 has nothing to do with whether Congress has the power to enact such legislation. Congress, after all, does have the power to levy taxes and control our borders. Thus, Congress should have the power to determine which married couples can file a joint return and which non-citizen spouses can be given preferential …

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor

Faculty Publications

This Article explores the doctrinal and theoretical challenges confronting San Francisco's non-cooperation ordinance, and similar subfederal actions. It does so using a non-conventional but useful method of engaging in a dialectic exchange. In using the dialectic structure, we take our cue from Professor Stephen Legomsky's elegant use of the device in his recent article on the meaning of undocumented status. As he noted, the format has been "under-utilized" in legal scholarly literature. More scholars should use this method, he contended, because it helps to reveal the diametrically opposed positions of various groups concerning aparticular issue. Importantly, a dialectic conversation facilitates …

Cash Businesses And Tax Evasion, Susan Morse, Stewart Karlinsky, Joseph Bankman

Faculty Publications

This Article attempts to provide a qualitative picture of tax evasion in the small business sector. It provides details from almost 275 field study interviews with cash business owners and with tax preparers and bankers who serve cash business clients. Our research suggests answers to the questions of who evades taxes, what taxes they evade, and why and how they evade taxes. This Article proceeds in three additional parts. Part II summarizes the main threads of relevant social science research on small business tax compliance. Part III describes the methodology and results of this interview study. Part IV concludes.

Pregnancy Discrimination And Social Change: Evolving Consciousness About A Worker's Right To Job-Protected, Paid Leave, Patricia Shiu, Stephanie Wildman

Faculty Publications

This Article examines the change over the past few decades in U.S. law and societal attitudes concerning a worker's right to job-protected, paid leave. Though common around the world, job-protected, paid leave eludes the U.S. workforce. The authors begin by considering the concept of work, its relation to identity, and the construction of safety nets for workers when they need income replacement. The Article considers the movement to establish job-protected, paid leave that encompasses and values a worker's work, family, and personal life.

The modern movement originated with pregnant workers' need for time away from work during pregnancy. Women who …

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Faculty Publications

No abstract provided.

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

Faculty Publications

No abstract provided.

The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love

Faculty Publications

This Article studies the Federal Circuit's use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that, properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit's professed rationale for doing so. Next, I demonstrate that this practice makes little …

Ethical Challenges And Opportunities At The Edge: Incorporating Spirituality And Religion Into Psychotherapy, John C. Gonsiorek, P. Scott Richards, Kenneth I. Pargament, Mark R. Mcminn

Faculty Publications

Incorporating spirituality and religion into psychotherapy has been controversial, but recent contri- butions have argued the importance and provided foundations for doing so. Discussions of ethical challenges in this process are emerging, and this contribution discusses several preliminary issues, relying on the Resolution on Religious, Religion-Based and/or Religion-Derived Prejudice adopted by the American Psychological Association in 2007, as guidance when used with the American Psychological Association’s (2002) Ethical Principles of Psychologists and Code of Conduct. Specifically, this discussion of preliminary challenges addresses competence, bias, maintaining traditions and standards of psychology, and integrity in labeling services for reimbursement. Commentators deepen the …

Voice For The Voiceless: The Case For Adopting The "Domestic Abuse Syndrome" For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy A. Wright

Faculty Publications

No abstract provided.