Digital Commons Network^™

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.

Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller

Faculty Publications

No abstract provided.

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Social Ties And Cardiovascular Function: An Examination Of Relationship Positivity And Negativity During Stress, Wendy C. Birmingham, Bert N. Uchino, Timothy W. Smith, Kathy C. Light, David M. Sanbonmatsu

Faculty Publications

The quality and quantity of one’s relationships have been reliably linked to morbidity and mortality. More recently, studies have focused on links between relationships and cardiovascular reactivity as a physiological mechanism via the stress-buffering hypothesis. However, not all social relationships are consistently positive which points to the importance of a more comprehensive examination of relationship that includes negative qualities. In this study, we manipulated relationship positivity and negativity with an experimenter and examined its influence on cardiovascular reactivity. Results revealed that relationship positivity was associated with lower systolic blood pressure (SBP) reactivity for men and women. Relationship negativity, on the …

Successfully Incorporating Writing Across The Curriculum With Advanced Writing In Nursing, Karlen E. Luthy, Neil E. Peterson, Jane H. Lassetter, Lynn C. Callister

Faculty Publications

The purpose of this article is to explain the concepts of Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn, and to describe the incorporation of advanced writing into a baccalaureate nursing program and provide suggestions for accessing resources and promoting success. The goals of incorporating Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn concepts into nursing curriculum are to assist nursing students to achieve competence in clinically relevant writing assignments; to demonstrate critical thinking and communication skills, both oral and written; to execute useful literature searches; to read and understand research reports; …

Apgar Scores And Oxygenation Levels: A Comparison Of Vaginal And Cesarean Section Modes Of Delivery, Allison Holt, Patricia K. Ravert

Faculty Publications

The purpose of this study was to compare Apgar scores and oxygenation levels (two measures of birth outcomes) of well infants born by Cesarean section (c-section) to those delivered vaginally.

Measuring Marital Satisfaction: A Comparison Of The Revised Dyadic Adjustment Scale And The Satisfaction With Married Life Scale, Peter J. Ward, Neil R. Lundberg, Ramon Zabriskie, Kristen Berrett

Faculty Publications

Marital satisfaction has been psychometrically measured using many different instruments not soundly based on theory. The Revised Dyadic Adjustment Scale (RDAS), consisting of 14 items, is commonly accepted by researchers and practitioners tomeasure marital satisfaction but was not specifically designed to measuremarital satisfaction. The Satisfaction with Married Life Scale (SWML), consisting of five items, is a short scale specifically targeted toward measuring marital satisfaction. An online sample collected from 1,187 couples throughout the United States was used to compare these instruments’ correlation (r¼.782), factor structures, reliability (SWML, a¼.958; RDAS, a¼.943), theoretical foundation, and validity. These instruments are on parity with …

Psychometric Properties Of The Self-Assessment Of The Interpersonal Relationship Scale, Karen S. Dearing, Sheryl Steadman

Faculty Publications

The nurse-patient relationship is the basis of psychiatric nursing. The use of self defines nursing as an interactive, exploratory, caring, and health promoting process. No tool has been developed to determine specific areas for competency building using the principles of developing an interpersonal relationship. The specific aims of the study were two-fold: establish the reliability and validity of the Self-Assessment of the Interpersonal Relationship Scale (SAIRS) and determine the ability of SAIRS to measure student nurses development of interpersonal competencies with patients.

A Remote Sensing And Gis-Assisted Spatial Decision Support System For Hazardous Waste Site Monitoring, John R. Jensen, Michael E. Hodgson, Maria Garcia-Quijano, Jungho Im, Jason A. Tullis

Faculty Publications

Humans produce large amounts of waste that must be processed or stored so that it does not contaminate the environment. When hazardous wastes are stored, waste site monitoring is typically conducted in situ which can lead to a serious time lag between the onset of a problem and detection. A Remote Sensing and GIS-assisted Spatial Decision Support System for Hazardous Waste Site Monitoring was developed to improve hazardous waste site management. The system was designed to be recursive, flexible, and integrative. It is recursive because the system is implemented iteratively until the risk assessment subsystem determines that an event is …

Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik

Faculty Publications

Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …

A Study Of Constructivist Career Development, Empowerment, Indecision, And Certainty, Nicole R. Skaar, Tabitha L. Grier-Reed, Lorien B. Parson

Faculty Publications

In times of uncertainty and change where the job market is fluid and the U.S. economy is weak, students need to feel empowered to construct their lives and forge their career paths. Constructivism has been suggested as one way to empower people. The current study explored outcomes in constructivist career courses using a quasi-experimental pre/post-test design. The empowerment, indecision, and certainty of 115 culturally diverse college students were measured using the Career Decision Self-Efficacy Scale-Short Form (CDSE-SF) and the Career Decision Scale (CDS). Results indicated that students in the career courses showed significant increases in empowerment and certainty and significant …

Sample Size Calculation For Finding Unseen Species, Hongmei Zhang, Hal Stern

Faculty Publications

Estimation of the number of species extant in a geographic region has been discussed in the statistical literature for more than sixty years. The focus of this work is on the use of pilot data to design future studies in this context. A Dirichlet-multinomial probability model for species frequency data is used to obtain a posterior distribution on the number of species and to learn about the distribution of species frequencies. A geometric distribution is proposed as the prior distribution for the number of species. Simulations demonstrate that this prior distribution can handle a wide range of species frequency distributions …

Understanding Generalist Function, F. Matthew Mihelic

Faculty Publications

A major concern in dealing with multi-agent complex adaptive systems is the understanding of how such systems build order in the midst of an otherwise chaotic universe. The ordering principles of such systems that are found at the biological level can be applied to better understanding human organizations, and can also be used to develop or modify highly complex intelligent agent software systems for greater efficacy. This paper describes the theoretical mechanism of how huge multi-agent complex adaptive systems overcome the exponential increases in entropy that would otherwise cause system collapse, through the use of agents that function to maintain …

Reducing The Complexity Costs Of 401(K) Participation Through Quick Enrollment, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

Previous research has shown that 401(k) participation increases dramatically when companies switch from an opt-in to an opt-out (or automatic) enrollment regime (Madrian and Shea 2001; Choi et al. 2004; Choi et al. 2006). Although automatic enrollment has been widely touted as an effective tool for encouraging saving, it has its detractors. Some libertarians dislike automatic enrollment because they view it as coercing individuals into the company-chosen default contribution rate and asset allocation. Indeed, the vast majority of automatically enrolled employees passively accept all of the defaults in the short run, and many remain at those defaults for years (Choi …

Older Adults With Traumatic Rib Fractures: An Evidence-Based Approach To Their Care, Blaine A. Winters

Faculty Publications

It is expected that over the next decade the population of older adults in the United States will increase dramatically. As the older adult population increases, the number of older adults involved in traumatic accidents is also expected to climb. The older population is at na increased risk for complications and poor outcomes following trauma. Practitioners caring for these older adults will need to use evidence-based practice guidelines in an attempt to improve outcomes. This article provides a clinical guideline for the assessment and management of pain in older adults with traumatic rib fractures, and an approach for pain assessment, …

Survey Of Blueberry (Vaccinium Spp.) Problems In The Gulf South, Melinda A. Miller-Butler, Kenneth J. Curry, Barbara J. Smith, Jeffrey S. Braswell

Faculty Publications

The blueberry (Vaccinium) industry in Mississippi has been steadily increasing since the early 1980s, but some plants in older fields are now in decline. The root rot pathogen, Phytophthora cinnamomi, is endemic in the southeastern United States and has caused severe losses to blueberries in North Carolina and Arkansas. Because the warm, humid climate of Mississippi, with periods of high precipitation, provides a favorable environment for Phytophthora root rot disease, it was suspected to be the cause of plant decline in older blueberry fields. Members of the Gulf South Blueberry Growers Association were mailed surveys to determine …

Corporate Social Responsibility In Sport: An Overview And Key Issues, Paul C. Godfrey

Faculty Publications

Sport—writ large—exists as a significant social institution, both in terms of economic and social impacts on the society of which it is a key part. This essay provides a systematic introduction to the concept of corporate social responsibility (CSR) for sport management scholars and practitioners. I review the historical development of CSR in the United States, provide a summary of the major theories and models currently in use by theorists and researchers, and identify key issues facing the CSR discourse. I conclude by returning to the notion of sport as an institution and try to raise questions, as an outsider, …

Evaluating Impacts Of Microfinance Institutions Using Guatemalan Data, James C. Brau, Shon Hiatt, Warner Woodworth

Faculty Publications

Purpose – The purpose of this paper is to investigate microlending outcomes among Latin American non-governmental organizations (NGOs), specifically microfinance institutions (MFIs). While there is a growing movement of non-profit ventures channeling small loans to the poor worldwide, assessments of their impacts are lacking. Thus, field interviews with clients who had various degrees of involvement in the process of receiving microloans from MFIs were conducted over a summer in Guatemala.

Design/methodology/approach – Using a dataset of 393 clients from Guatemalan MFIs, microfinance impacts from two dimensions are examined and impacts measured along financial and social dimensions by surveying new clients, …

A Sense Of Things To Come: Future Research Directions In Sensory Marketing, Ryan S. Elder, Nilufer Z. Aydinoglu, Victor A. Barger, Cindy Caldara, Helen Haeeun Chun, Chan Jean Lee, Gina Mohr, Antonios Stamatogiannakis

Faculty Publications

The exciting exploration on sensory marketing presented in this book is just the foundation upon which to build future research. There are myriad unexplored questions and innumerable directions in which to take this research. Our goal in this chapter is not to provide an exhaustive array of these future directions, but rather to stimulate the reader into exploring new ideas. We present possible future directions for each sense individually (vision, audition, smell, touch, taste), and conclude with ideas for future research addressing the interplay among multiple senses within consumer behavior.

Influence Of Adapted Sport On Quality Of Life: Perceptions Of Athletes With Cerebral Palsy, Diane G. Groff, Neil R. Lundberg, Ramon Zabriskie

Faculty Publications

Purpose: This study sought to examine the effect of adaptive sports participation on athletic identity and influence on quality of life (QOL) for individuals with cerebral palsy (CP) participating in the CP World Games.

Method: Surveys were conducted with 73 international athletes competing in the 2005 CP World Championships. The survey included descriptive questions about sport involvement and socio-demographics, the Athletic Identity Measurement Scale, and the Influence on Quality of Life Scale.

Results: A significant relationship was found between influence on QOL and athletic identity (r¼0.505; p50.001). There was a moderate negative correlation between influence of adaptive sport …

Merging The Sec And Cftc - A Clash Of Cultures, Jerry W. Markham

Faculty Publications

The massive subprime losses at Citigroup, UBS, Bank of America, Wachovia, Washington Mutual, and other banks astounded the financial world. Equally shocking were the failures of Lehman Brothers, Merrill Lynch, and Bear Stearns. The conversion of Goldman Sachs and Morgan Stanley into bank holding companies left no large independent investment banks standing. If all that was not enough, Bernard Madoff's incredible $50 billion Ponzi scheme was a new milestone in the nation's financial history. Those failures and Madoff's fraud were unforeseen and undetected by the regulator, the Securities and Exchange Commission (SEC), which was responsible for overseeing the broker-dealers that …

Procter & Gamble’S Pur Water Purifier: The Hunt For A Sustainable Business Model, Lisa Jones Christensen, Jessica Thomas

Faculty Publications

Over the last 6 years, under the leadership of Dr. Greg Allgood, director of the Children’s Safe Drinking Water Program, P&G has helped to distribute 65 million PuR packets. These packets have been used to purify 650 million liters of water, most often in rural locations. Over time, and through a variety of deliberate partnerships that Allgood cultivated in 10 countries, P&G has tested three different sales and distribution models: commercial marketing, social marketing and disaster relief-- each with varying degrees of success. Drawing from past successes and failures, Allgood is considering how to fulfill P&G’s aggressive commitment to providing …

Sorry, No Remedy: Intersectionality And The Grand Irony Of Erisa, Paul M. Secunda

Faculty Publications

Congress enacted the Employee Retiree Income Security Act of 1974 (ERISA) to protect employees' retirement and welfare benefits. Nevertheless, the Act has been interpreted by the U.S Supreme Court over the years to be in essence an Employers' Security Act, with employers using ERISA to shield themselves against employee benefit-related claims. The flaw in the current ERISA scheme lies at the intersection of ERISA's preemption and remedial provisions. Courts broadly interpret the preemption provisions of ERISA to invalidate employee benefits-related state laws and then force employees to depend on an inadequate, "comprehensive and reticulated" remedial scheme. This “intersectionality” problem leads …

Deception, Decisions, And Investor Education, Jayne W. Barnard

Faculty Publications

Tens of millions of dollars each year are spent on investor education. Because older adults (those aged sixty and older) are disproportionately victims of investment fraud schemes, many educational programs are targeted at them. In this Article, Professor Barnard questions the effectiveness of these programs. Drawing on recent studies from marketing scholars, neurobiologists, social psychologists, and behavioral economists examining the ways in which older adults process information and make decisions, she offers a model of fraud victimization (the "deception/decision cycle") that explains why older adults are often vulnerable to investment fraud schemes. She then suggests that many of the factors …

Family Leisure Satisfaction And Satisfaction With Family Life, Joel R. Agate, Ramon B. Zabriskie, Sarah Taylor Agate, Raymond Poff

Faculty Publications

The purpose of this study was to examine the relationship between family leisure satisfaction and satisfaction with family life. Zabriskie’s Family Leisure Activity Profile was used to measure family leisure satisfaction. The Satisfaction with Family Life Scale was used to measure satisfaction with family life. The sample consisted of 898 families from throughout the United States. Results indicated a relationship between all family leisure satisfaction variables and satisfaction with family life. Data collected from parents and youth provided insight into the relationship between family leisure satisfaction and satisfaction with family life. At the parent, youth, and family levels, core family …

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Faculty Publications

No abstract provided.

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Faculty Publications

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …

The Rest Is Silence: Chevron Deference, Agency Jurisdiction, And Statutory Silences, Jonathan H. Adler, Nathan Alexander Sales

Faculty Publications

Should agencies receive Chevron deference when interpreting the reach of their own jurisdiction? This Article argues that, in general, they should not. The authors begin by identifying and detailing the various different types of “jurisdictional questions” that may arise in statutory interpretation. The Article then surveys how courts have analyzed these different aspects of the jurisdiction problem, with a particular attention directed to statutory silences. The Court’s Chevron jurisprudence strongly suggests that deference to agency determinations of their own jurisdiction should be disfavored, particularly where a statute is silent (and not merely ambiguous) about the existence of agency jurisdiction. In …

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …