Digital Commons Network^™

The Gender Of Gideon, Kathryn A. Sabbeth, Jessica Steinberg

Faculty Publications

This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of women face compulsory and highly punitive encounters with the justice system but do so largely in the civil courts, where no right to counsel attaches. The demographic picture that emerges is one in which the right to counsel skews heavily against women’s interests. As this Article …

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Faculty Publications

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

The Nightmare Of Dream Advertising, Dustin Marlan

Faculty Publications

Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …

Consideration Of The Beneficiary Inducement Statute On Access To Health Care Systems' Population Genetic Screening Programs, Aurora M. Washington, Kimberly Foss, Joan H. Krause, Arlene M. Davis, Kristine J. Kuczynski, Laura V. Milko, Jonathan S. Berg, Megan C. Roberts

Faculty Publications

This article examines how the federal Beneficiary Inducement Statute (BIS) and related anti-kickback laws shape access to population genetic screening (PGS) programs, particularly for Medicare and Medicaid beneficiaries, during a critical early-adoption phase in public health genomics. While PGS for Tier 1 conditions—such as hereditary breast and ovarian cancer, Lynch syndrome, and familial hypercholesterolemia—offers significant opportunities for early detection and prevention, large-scale implementation remains limited by cost barriers, uneven insurance coverage, and statutory restrictions that can unintentionally hinder equitable participation. The authors explain how BIS constraints complicate efforts by health systems to offer low- or no‑cost genomic screening, survey legally …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Faculty Publications

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Judicial Moral Prophecy, Daniel B. Rice

Faculty Publications

American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again. When given the chance to avoid new injustices, however, judges increasingly flaunt their moral indifference. They insist that legal fidelity requires them to ignore whether their own rulings will be remembered as monstrous. But this cavalier outlook—for all its devotion to the past—is remarkably ahistorical. Feats of legal craft have never survived cultural repudiation. When precedents become morally shameful, the quality of their reasoning ceases to matter. The opinions’ authors are remembered not for the technical …

The Association Of Childhood Maltreatment With Internet Addiction: The Serial Mediating Effects Of Cognitive Emotion Regulation Strategies And Depression, Yuan-Yuan Guo, Jing-Jing Gu, James Gaskin, Xue-Qin Yin, Yu-Han Zhang, Jin-Liang Wang

Faculty Publications

Objectives: Childhood maltreatment, cognitive emotion regulation strategies (CERSs), and depression can be important in adolescents’ Internet addiction. The current study aims to investigate the direct effect of childhood maltreatment on Internet addiction and its indirect effects via CERSs and depression.

Participants and setting: 4091 adolescents (age M = 13.64, SD = 1.59; 48.9 % males) were recruited from a public school in China.

Methods: In a cross-sectional design, participants completed the Childhood Trauma Questionnaire-Short Form (CTQ-SF), the Cognitive Emotion Regulation Questionnaire-Short version (CERQ-Short), the Self-Rating Depression Scale (SDS), and the Internet Addiction Test (IAT). A latent structural equation model was …

How Certain Robot Attributes Influence Human-To-Robot Social And Emotional Bonds, James Gaskin, P. Thomas Fife, Warren Rosengren

Faculty Publications

A growing population of humans are feeling lonely and isolated and may therefore benefit from social and emotional companionship. However, other humans cannot always be available to fulfill these needs, and such in-need individuals often cannot care for pets. Therefore, we explore how robot companions may be designed to facilitate bonds with humans. Our preliminary examination of 115 participants in a scenario based quasi-experimental study suggests that humans are more likely to develop social and emotional bonds with robots when those robots are good at communicating and conveying emotions. However, robots’ anthropomorphic attributes and responsiveness to external cues were found …

Turning The Page On Breast Cancer In Ohio: Lessons Learned From Implementing A Multilevel Intervention To Reduce Breast Cancer Mortality Among Black Women, Tasleem J. Padamsee, Daniel G. Stover, Willi L. Tarver, Chasity M. Washington, Ryan D. Baltic, Cecilia R. Degraffinreid, Clarissa R.B. Whiting, Ruvarashe Rumano, Clara N. Lee, Timiya Nolan, Bridget Oppong, Samilia Obeng‐Gyasi, Amanda E. Toland, Brittany Bernardo, Heather Hampel, Electra D. Paskett

Faculty Publications

No abstract provided.

Preparedness Behavior And The Apocalypse: Religion And Politics In The Post 2020 Election Era, Jason Adkins, Paul Djupe, Jacob R. Neiheisel

Faculty Publications

No abstract provided.

An Analysis Of Protesting Activity And Trauma Through Mathematical And Statistical Models, Nancy Rodríguez, David White

Faculty Publications

No abstract provided.

College Transition Fall 2020 And 2021: Understanding The Relationship Of Covid-19 Experiences And Psychosocial Correlates With Anxiety And Depression, Andrea Lourie, Susan Kennedy, Erin J. Henshaw, Drexler James

Faculty Publications

Rates of mental health symptoms, particularly anxiety and depression, have increased significantly in college students in the past decade along with utilization of mental health resources. The COVID-19 pandemic created an additional source of stressors to an already challenging landscape of college transition. COVID-19 has been associated with an increase of anxiety among college students, particularly first year students, entering college in Fall 2020. The shifts in policy (e.g., federal, state, and college) accruing medical data, and vaccine availability between Fall 2020 and Fall 2021 provide an opportunity to examine the role of COVID-19 experiences in the transition to college …

Black Women's Relational Competencies And Ethical Leadership In The Workplace, S. Alease Ferguson, Toni C. King

Faculty Publications

Three qualitative case vignettes illustrate Black women leaders’ application of relational competencies to assert culturally informed ethical values in organizational life. Theoretical frameworks of Patricia Hill Collins’ (1994) theory of motherwork and Wilfred Bion’s (1991) psycho-dynamics theory of group development guide the analysis of Black women’s relational competencies. Methodologically, the data derive from the authors’ use of phenomenological review of over three decades of corporate and non-profit consultancies. This methodology entailed uncensored story genera- tion relative to the topic and culling of the story set guided by a rubric to screen for story features that exemplify group and relational competencies …

Realms Unseen: Albinism And Epistemic Decoloniality In Tanzania, Jane L. Saffitz

Faculty Publications

No abstract provided.

Co-Creation Of A Training For Community Health Workers To Enhance Skills In Serving Lgbtqia+ Communities, Vanessa Kitzie, Julie Smithwick, Carmen Blanco, M. Greg Green, Sarah Covington-Kolb

Faculty Publications

This paper describes creating and implementing a 30-h LGBTQIA+ specialty training for community health workers (CHWs). The training was co-developed by CHW training facilitators (themselves CHWs), researchers with expertise in LGBTQIA+ populations and health information, and a cohort of 11 LGBTQIA+ CHWs who theater tested and piloted the course. The research and training team collected cohort feedback through focus groups and an evaluative survey. Findings stress the importance of a curriculum designed to elicit lived experiences and informed by a pedagogical framework centered on achieving LGBTQIA+ visibilities. This training is a vital tool for CHWs to foster cultural humility for …

“What Is A Wave But 1000 Drops Working Together?”: The Role Of Public Libraries In Addressing Lgbtqia+ Health Information Disparities, Vanessa Kitzie, Alexander N. Vera, Valerie Lookingbill, Travis L. Wagner

Faculty Publications

This paper presents results from a participatory action research study with 46 LGBTQIA+ community leaders and 60 library workers who participated in four community forums at public libraries across the US. The forums identified barriers to LGBTQIA+ communities addressing their health questions and concerns and explored strategies for public libraries to tackle them. Forums followed the World Café format to facilitate collaborative knowledge development and promote participant-led change. Data sources included collaborative notes taken by participants and observational researcher notes. Results revealed that barriers experienced by LGBTQIA+ communities are structurally and socially entrenched and require systematic changes. Public libraries must …

Concluding The (In)Glorious Journey, Keren Dali, Kim M. Thompson

Faculty Publications

No abstract provided.

The Glories And Inglories Of Library And Information Science Pedagogy: An Introduction, Kim M. Thompson, Keren Dali

Faculty Publications

No abstract provided.

Rightsizing Local Legislatures, Brenner M. Fissell

Faculty Publications

Local councils, boards, and commissions have all the lawmaking powers of a legislature—including the power to criminalize conduct—but they are far too small to deserve them. With an average size of only four members, local legislatures depart from the norm observable at all other levels of government. Only in the past few years have legal scholars turned their attention to the institutional design of these bodies, but this developing literature has yet to address their most striking feature—their small size.

This Article takes up this project. It claims that local microlegislatures are comparatively unrepresentative and undemocratic, and that their size …

Policing Veterans: What The Veterans Affairs Police Can Illustrate About The Policing Of Disability In America, Zachary R.M. Outzen

Faculty Publications

The Department of Veterans Affairs Police (“VA Police”), a federal law enforcement agency tasked with law enforcement on Department of Veterans Affairs (VA) properties, has a shocking record of misconduct and brutality against veterans. Because the VA is the largest integrated healthcare system in the United States, the VA Police are primarily responsible for policing VA medical facilities. While issues facing the veteran community have largely been analyzed as separate from those facing the American public at large, VA medical facilities replicate broader socioeconomic trends in policing of vulnerable populations. Veterans receiving VA healthcare services are disproportionately likely to be …

Interrelationships In Inventory Turnover Performance Between Supplier And Customer Firms, Joseph J. Henry, Peter Christensen, James C. Brau

Faculty Publications

Using inventory turnover to measure the efficiency of corporate inventory management, we perform econometric analyses to verify whether the inventory efficiency of a firm’s supply chain partners is a statistically significant driver of the firm’s own inventory efficiency. We test two mutually exclusive hypotheses. First, suppliers hold inventory on behalf of customers, effectively displacing inventory up the supply chain and resulting in a negative correlation between supplier and customer inventory turnover. Alternatively, inventory efficiency is integrated along the supply chain, resulting in a positive correlation between supplier and customer inventory turnover. Our bivariate and multivariate analyses of both firm- and …

Typing Fast Versus Typing Slow: Using Typing Dynamics To Reveal Authentic And Imposter Users, David Kim, Joseph S. Valacich, Jeffrey L. Jenkins, Manasvi Kumar

Faculty Publications

Real-time assessment of users' cognitive states has practical importance, allowing organizations to infer user behaviors. Realizing its importance, prior studies – specifically those using mouse cursor movements – have applied various theories to answer a similar question, i.e., how does a high cognitive load influence the users' device usage behavior? While numerous activities can increase cognitive load, we argue that the mechanisms behind how humans process information can more holistically be explained using Dual Process Theory (DPT) (i.e., when cognitive load is either low or high) and can be applied under a broad range of usage contexts. Using a within-participant …

"We Have Not Been Allowed The Liberty... To Worship As We Please" Nancy Naomi Tracy And The Denial Of Latter-Day Saint Religious Liberty, Derek Sainsbury

Faculty Publications

This article examines the life of Nancy Naomi Tracy as a lens into the Latter-day Saint struggle for religious liberty in nineteenth-century America. Joining the Church in 1834, Tracy endured repeated persecution—from the Missouri expulsions and the 1838 Mormon War to the federal antipolygamy campaigns of the 1880s—yet actively fought for her faith’s constitutional protections. As the only known female electioneer missionary in Joseph Smith’s 1844 presidential campaign, she embodied the Saints’ bold blend of religious conviction and political engagement. Drawing on Tracy’s three personal reminiscences (1880, 1885, and 1896–99), the study explores how her experiences as a wife, mother, …

Understanding The Role Of Online Teaching Assistants In Student Engagement, Sara H. Tuiloma, Charles R. Graham

Faculty Publications

In this paper, we examine how online teaching assistants (OLTAs) interact with students in terms of affective, behavioral, and cognitive support and the influence of OLTA training on these interactions. Through a thematic network analysis, using a tracking instrument and semi-structured interviews with 10 OLTAs, we examined how online university students are supported based on the quantity and quality of interactions with OLTAs, and how training contributes to interactions. Our research addressed two key questions: (1) How do OLTAs support learners in the quantity and quality of interactions? and (2) How does OLTA training around affective and behavioral support influence …

Barriers And Enablers To K-12 Blended Teaching, Courtney N. Hanny, Karen T. Arnesen, Qi Guo, Jordan Hansen, Charles R. Graham

Faculty Publications

The attributes of post-pandemic blended teaching (BT) will more closely resemble pre-Coronavirus conditions than the outbreak’s emergency remote teaching. Thus, barriers and enablers for teachers transitioning to BT after emergency remote teaching will be similar to those of early BT adopters. K-12 research has identified external and internal barriers and enablers to technology integration but has largely overlooked those of BT. This study involved analyzing 62 interviews of K-12 blended teachers to discover factors that enabled BT, stood as barriers to initial and continued blending efforts, and helped teachers overcome barriers. Teacher-perceived barriers included, among others, costs perceived as outweighing …

Teaching Non-Native Sound Contrasts Using Visual Biofeedback, Shawn L. Nissen

Faculty Publications

This demonstration will explain how non-native sound contrasts can be taught to second language (L2) learners using real-time visual biofeedback through an electropalatographic (EPG) sensor. How the EPG sensor is created from a dental mold and is subsequently produced will be shown during the presentation. An explanation of how a student can visualize the contact patterns of their speech and how a tutor might use the various features of the associated software to customize the instruction to an individual speaker will be illustrated during the presentation. Possible limitations, costs, and drawbacks to using the technology will also be discussed.

Nonconsensual Family Obligations, Emily Stolzenberg

Faculty Publications

Even as the pandemic has both highlighted and compounded the challenges many U.S. families face in meeting their members’ basic needs, efforts to expand public subsidies for caretaking have gained little traction. Scholars have identified many historical and practical reasons for Americans’ entrenched skepticism toward the welfare state. Ideas matter, too, and this Article uncovers and critiques one that works to limit collective financial responsibility for families: the conviction that family support obligations must be legitimated through consent.

In family law, as in liberal political theory, consent works to reconcile state regulation with individual freedom. But because consent is a …

Friction-In-Design Regulation As 21st Century Time, Place, And Manner Restriction, Brett Frischmann, Susan Benesch

Faculty Publications

Digital networked society needs friction-in-design regulation that targets the digital architectures, supposedly smart (data-driven, algorithmic) systems, and interfaces that shape human interactions, behavior, and will (beliefs, preferences, values, intentions). The relentless push to eliminate friction for the sake of efficiency has hidden social costs that affect basic human capabilities and society. A general course correction is needed.

Friction in the digital networked environment can come in many forms. It can be as simple as a time delay prior to publishing a social media post, a notice that provides salient information coupled with a nudge toward actual deliberation, or a query …

Building Educational Leaders’ Capacity In A Community Of Practice, Théophile Muhayimana, Denise Schares, Megan Ruxton

Faculty Publications

This qualitative study examined rural educational leaders’ perceptions of the outcomes of the 2019 Leadership Camps (LCs). This capacity-building opportunity helped educational leaders meet as a community of practice (CoP) where participants’ interactions contributed to learning with and from one another, reducing perceived isolation and increasing self-efficacy. We analyzed data collected from 242 participants’ responses using an open, axial, and selective coding process. With this sample, 52.5% of participants were rural educational leaders. Overall, educational leaders most often appreciated interacting, networking, and collaborating with peers. Additionally, educational leaders highlighted the importance of the in-depth understanding and application of the Leadership …

How Does Religious Faith Impact Positive Youth Outcomes, Michael A. Goodman, W. Justin Dyer

Faculty Publications

This study investigates the protective aspects of religiosity in young adolescents and explores the potential processes involved. Specifically, we examine the influence of three measures of religiosity—religious salience, intrinsic religiosity, and daily religious experiences—on delinquency and anxiety. The study sample consists of 636 families located in the state of Utah. Additionally, we explore how positive youth development (PYD) constructs may mediate the relationship between religiosity and adolescent outcomes. The findings indicate that religious salience and daily religious experiences are directly and indirectly associated with lower levels of delinquency and anxiety. Furthermore, two PYD constructs—character and connectivity—serve as mediators between religious …