Digital Commons Network^™

Where Have All The Children Gone? A Review Of The Presence Of Children Under 6 Years In Leisure Publication Outlets, Rachel A. Mcgovern, Ericka J. Olschewski, Camilla Hodge

Faculty Publications

We conducted a focused search of nine pre-determined leisure journals to (1) determine the prevalence and scope of research on children younger than 6 years (i.e., young children) published in leisure- focused outlets, (2) describe study designs and research methods used to study this age group, (3) tabulate definitions of child leisure, and (4) provide an overview of the studies’ findings. Overall, findings indicate a marked absence of young children from leisure research. Only 28 articles in almost half a century of leisure journal publications met inclusion criteria. Eight studies focused on children as the subject or participant, five articles …

The Transformative Tourism Learning Model, Jill Bueddefeld, Mat D. Duerden

Faculty Publications

This conceptual paper addresses gaps in transformative learning and tourism literature. We argue for a more complete integration of Transformative Learning Theory within tourism literature, in order to better understand tourism learning as both a process and a product. The Transformative Tourism Learning Model is proposed as a framework for understanding how to intentionally plan and design tourism learning experiences with specific learning processes and outcomes in mind. This paper offers a synthesis of transformative literature within tourism contexts and the proposes the Transformative Tourism Learning Model to provide researchers and practitioners with a guiding framework in both the design …

Experience Design And The Origins And Aims Of Leisure Studies: Shifting The Focus From Context To Experience, Mat D. Duerden

Faculty Publications

This article, adapted from the 2019 Butler Lecture at the NRPA National Research session, provides an overview of the origins, development, and potential future trajectory of the field of leisure research. Economic and societal trends of the last few decades may signal the need for the field to intentionally transition its focus on leisure as a context to leisure as an experience. More specifically the field needs to actively consider how insights gained from 60 years of research on leisure experiences can be applied to contexts beyond leisure. To illustrate the possibility of such a shift, lessons learned from transitioning …

Leisure, Eudaimonic Behavior, Physical Activity And Well-Being Of Older Adults, Jungsu Ryu, Jinmoo Heo, Gary Ellis, Mark A. Widmer

Faculty Publications

This study explored how different types of daily experiences (leisure activity, eudaimonic behaviors) and select habits and dispositions (neuroticism, dispositional depression, physical activity level), are related to situational well-being (situational depression, immediate positive affect) among older adults from a community center. Six hundred thirty-eight situational experience sampling observations were provided by 19 participants ranging in age from 59 to 81 years (M¼68.68, SD¼7.17). Each participant was signaled on five randomly selected occasions each day for seven consecutive days. Upon receiving a signal, participants completed questionnaires measuring their activity participation and situational well-being at the time of the signal. Significant predictors …

Reading Rate Gain In A Second Language: The Effect Of Unassisted Repeated Reading And Intensity On Word-Level Reading Measures, Grant Eckstein, Krista Rich, Ethan Lynn

Faculty Publications

Repeated reading is a popular intervention used to help struggling readers by exposing them to the same text multiple times. While the approach has been effective in L1 and some EFL settings, little research has explored its effectiveness compared against a control group or among ESL learners. Our study examined reading rate gains using words per minute and four eye-tracking measures with 46 mid-intermediate ESL learners grouped into three 14-week treatment groups: a control group that read 26 text passages (about two per week) just once through, another that read the same passages twice in each sitting, and a third …

Demystifying The Roles Of Organisational Smart Technology, Artificial Intelligence, Robotics And Algorithms Capability: A Srategy For Green Human Resource Management And Environmental Sustainability, Samuel Ogbeibu, Jude Emelifeonwu, Vijay Pereira, Raphael Oseghale, James Gaskin, Uthayasankar Sivarajah, Angappa Gunasekaran

Faculty Publications

With growing climate change concerns, and constant advancements in smart technology, artificial intelligence, robotics, and algorithms (STARA), organisations in emerging economies are becoming more compelled to go green, develop and deploy their STARA capability to boost profits more effectively, and their environmental sustainability (ES). Likewise, with governments increasingly calling for ES, organisations' human resource management (HRM) is further pressured to ensure their programmes aid realisation of environmental objectives without compromising profit maximisation. However, it remains unclear how complementary Green HRM (GHRM) programmes can be supported by organisational STARA capability (OSC) to bolster ES. Accordingly, we investigate how OSC and GHRM …

Information Filtering In Electronic Networks Of Practice: An Fmri Investigation Of Expectation (Dis)Confirmation, Kelly J. Fadel, Thomas O. Meservy, C. Brock Kirwan

Faculty Publications

Online forums sponsored by electronic networks of practice (ENPs) have become an important platform for technology-mediated knowledge exchange, yet relatively little is known about how ENP participants filter and evaluate the information they encounter on these forums. This study integrates perspectives from expectation confirmation theory, prospect theory, and neuroscience research to explore how ENP forum filtering judgments are influenced when expectations formed on the basis of contextual cues are confirmed or disconfirmed by the examination of solution quality. We summarize six different models of expectation confirmation explored in previous IS literature and report the results of a neuroimaging experiment using …

Old Age As The Hidden Sentencing Factor, Adam M. Gershowitz

Faculty Publications

Imagine two doctors who illegally sold opioids in exchange for cash. Both doctors sold roughly the same quantity of pills, had no prior criminal convictions, and accordingly faced the same sentencing guidelines range. The major difference was that one doctor was in his sixties and considerably older than the other doctor. The Federal Sentencing Guidelines provide that judges should consider a defendant's age only in atypical cases. Yet, this Article demonstrates that older defendants received sentencing discounts far more often than younger defendants convicted of the same crime.

This Article gathers sentencing data for almost 130 doctors convicted in federal …

Getting Back To “Normal”: Jury Trials In The Post-Covid Era, Paula Hannaford-Agor

Faculty Publications

When COVID-19 first disrupted jury trials in March 2020, most commentators anticipated that state and federal courts would return to business as usual shortly after an effective vaccine became widely available—an expectation that proved to be wildly optimistic as two years later the Omicron variant produced the highest rates of infection yet. It is still not clear when state and federal courts will resume “normal operations,” but when they do, trial attorneys may encounter changes in jury operations and jury trials that were introduced over the past two years. Smaller jury panels, more diverse jury pools, constraints on attorneys’ use …

Fencing The Wind: Property Rights In Renewable Energy, Martin Lockman

Faculty Publications

In the face of global warming, the rapid development of carbon-neutral energy resources is utterly imperative. However, even environmentally friendly energy production like wind power has real externalities. Those who live in the shadow of wind turbines and suffer the immediate effects of wind development can be disenfranchised by municipal and state-level siting processes. Meanwhile, absent or ad hoc governance of windstreams prevents the efficient economic use of renewable energy resources when upwind development can doom a nascent windfarm. As windstream development intensifies, each of these conflicts will only become more frequent and more severe.

This article proposes a novel …

Fundamental Criminal Procedure (2022 Edition), Fredric I. Lederer

Faculty Publications

Fundamental Criminal Procedure explores American criminal procedure in a format ultimately destined for electronic publication. Because many students devote a great deal of their class time to taking notes, often at the expense of creative analysis, the text is intended to supply all of the necessary “black letter law” needed for mastery of the subject. The materials are, however, far more than a “study aid.” They emphasize where appropriate the crucial philosophical and policy questions and issues inherent in the subject. Periodic “Review Questions” require understanding application of academic material in a pragmatic context. “Legal Briefs” require the student to …

The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer

Faculty Publications

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …

Ability To Consent To A Sexual Assault Medical Forensic Examination In Adult Patients With Serious Mental Illness, Leslie W. Miles, Eleanore Knox, Nancy Downing, Julie L. Valentine

Faculty Publications

When a patient reporting a sexual assault (SA) presents with signs and symptoms of serious mental illness (MI), medical providers or forensic examiners may have concerns regarding the ability to legally consent to a sexual assault medical forensic examination (SAMFE). Numerous encounters have occurred where a SAMFE was not offered to a cooperative adult patient because the patient exhibited signs and symptoms of MI. Medical providers and examiners may be motivated by beneficence (believing that treating the patient's MI must take priority over the SAMFE) and/or non-maleficence (a concern that the in-depth SAMFE may worsen the patient's psychological state). Situations …

Measuring Social Connectedness During Shared Leisure Activities Using Oxytocin: A Comparison Of Sampling Urine Versus Saliva, Karen K. Melton, Camilla Hodge, Madeline L. Haron, Maria Boccia

Faculty Publications

Leisure experiences are often associated with social connectedness. One measure of social connection underutilized in leisure studies is the neurohormone oxytocin. This methodological note considers issues researchers need to address when incorporating oxytocin in their study design. Noninvasive sources for sampling oxytocin include saliva and urine; however, the decision about which method to employ is not well documented. This study provides the first methodological note on collecting oxytocin in leisure studies and provides a comparison of urine vs. saliva measures for oxytocin in the context of leisure activities. Our findings indicate that urine samples are more sensitive to oxytocin change …

Experience Design In Leisure And Recreation Curriculum, Madie Neeley, Sydney Burgess, Mat D. Duerden, Neil Lundberg

Faculty Publications

Experience design is a term that has risen to the forefront in a variety of professional fields and has relevance for the field of park and recreation. Park and recreation professionals are primarily focused on providing experiences and thus could naturally consider themselves experienced designers. Surprisingly, experience design is not a topic often discussed within park and recreation publications or curriculum. This absence is at least in part attributable to the fact that experience design is an emerging field that has grown independently out of multiple disciplines. Consequently, the fields of park and recreation and experience design overlap in a …

What Makes Health Data Privacy Calculus Unique? Separating Probability From Impact, Mark Keith, Autumn Clark, Tamara Masters, Curtis Wigington

Faculty Publications

Patient health data is heavily regulated and sensitive. Patients will sometimes falsify data to avoid embarrassment resulting in misdiagnoses and even death. Existing research to explain this phenomenon is scarce with little more than attitudes and intents modeled. Similarly, health data disclosure research has only applied existing theories with additional constructs for the healthcare context. We argue that health data has a fundamentally different cost/benefit calculus than the non-health contexts of traditional privacy research. By separating the probability of disclosure risks and benefits from the impact of that disclosure, it is easier to understand and interpret health data disclosure. In …

The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler

Faculty Publications

As an introduction to “The Clean Water Act at 50” symposium, this Article explores the question of statutory obsolescence in the particular context of the CWA. Part I considers the phenomenon of statutory obsolescence and what it means to say that a given statute is “obsolete.” Part II then evaluates the CWA, identifying the reasons one might conclude that the Act is (or is not) obsolete. Part III then considers what could be done about the CWA’s obsolescence if, in fact, one concludes it is obsolete.

This abstract has been taken from the author's introduction.

Antidiscrimination Law Through A Sociolegal Lens, Anna Offit

Faculty Publications

This Symposium invites reflection on whether the Anthropology of Law has “any space left for the content of rules” at a time when the concerns of legal anthropologists have largely shifted to processes, materials, and practices that are “adjacent to law.” Taking the jury system as an illustrative case, this Essay advocates for the relevance and value of the anthropological study of rules, their content, and their effects. Looking in particular at antidiscrimination rules derived from Batson v. Kentucky, decided in 1986, it argues that a sociolegal, ethnographic approach to how lawyers perpetuate discrimination in jury selection offers insight …

Super Deference And Heightened Security, Jonathan H. Adler

Faculty Publications

Judicial review of federal agency action is systematically deferential. Such deference is arguably at its peak where agencies address scientific and highly technical matters within their area of expertise. This is what some call “super deference.” While there may be strong arguments for deferential review of agency scientific determinations as a general matter, there are reasons to question such deference when agency action implicates constitutional concerns. In particular, where agency actions trigger heightened scrutiny, such as occurs when agency actions intrude upon expressly enumerated or otherwise recognized fundamental rights or adopt constitutionally suspect classifications, courts should not apply traditional levels …

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

Part I begins with a brief sketch of the common law environmental protection that preceded and matured alongside the development of environmental regulation, including the rise of federal common law actions for interstate pollution. With an eye toward preemption, and its role within our federalist system, Part II sketches the system of state and local environmental regulation that served as the background for the adoption of federal environmental law. While federal environmental laws are quite comprehensive and far-reaching, they operate alongside state and local efforts, often in collaborative fashion, and rarely preempt state regulation or litigation. [...]

Parts III and …

Our New Normal? How Covid-19 Accelerated Pre-Pandemic Trends In State Court Litigation, Paula Hannaford-Agor

Faculty Publications

This Article briefly summa­rizes thirty years of research conducted by the National Center for State Courts (NCSC) on civil litigation in state courts, highlighting the most important trends for contemporary civil justice stakeholders. It then describes the impact of the COVID-19 pandemic on civil caseloads and its implications for civil case processing. It concludes with a description of the civil justice reforms endorsed by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) to address pandemic-related backlogs and to ensure a more effective civil justice system.

This abstract has been taken from the author's introduction.

Unleashing Pets From Dead-Hand Control, Kaity Emerson, Kevin Bennardo

Faculty Publications

Many pet owners feel strongly about their animals. Some feel so strongly that they desire their pets to accompany them to the grave. This Article addresses the validity of pet euthanasia provisions in decedents’ wills.

Pet owners generally have the legal power to humanely euthanize their pets. In addition, the primary focus of the law of wills is to effectuate the wishes of the decedent. These two facts seem to counsel in favor of carrying out a testamentary instruction to humanely euthanize a companion animal. Yet courts generally decline to enforce pet euthanasia provisions whenever an objection is raised by …

Superior Status: Relational Obstacles In Law To Racial Justice And Lgbtq Equality, Osamudia James

Faculty Publications

Animus and discrimination are the two legal lenses through which in-equality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable po-litical conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or con-cede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public …

The Law According To She-Hulk, Kevin Bennardo

Faculty Publications

First introduced in Marvel comics in 1979, Jennifer Walters is the fictional character best known as the She-Hulk. Her profession is an attorney. While this article occasionally draws from source material elsewhere in the Marvel comics, its primary focus is the third She-Hulk series, which was published in twelve issues from 2014 to 2015. This series is considered to be the most legally focused of the She-Hulk series and was written by an attorney, Charles Soule. Soule himself describes the series as “a book starring a superhero who rarely super heroes. Instead of that, she *gulp* lawyers.”

As is normal …

The Mystery Of The Missing Choice-Of-Law Clause, John F. Coyle

Faculty Publications

There is widespread agreement among experienced contract drafters that every commercial contract should contain a choice-of-law clause. Among their many virtues, choice-of-law clauses facilitate settlement and reduce litigation costs. While most modern contracts contain these provisions, some do not. In many instances, the absence of these clauses may be attributed to outdated forms, careless drafting, inattentive lawyers, or some combination of the three. In a few instances, however, it appears that sophisticated contract drafters purposely omit choice-of-law clauses from their agreements. If these clauses add value to a contract — and there is nearuniversal agreement that they do — then …

Covid-19 And The Perils Of Free-Market Parenting, Maxine Eichner

Faculty Publications

U.S. public policy has for decades rested on the expectation that parents will privately provide the cash and conditions their children need. This expectation is exceptional: most other wealthy countries’ public policies support children through a mix of public and private funds. The COVID-19 pandemic, however, radically changed U.S. policy. The severe economic dislocation that resulted led Congress to pass a series of measures that funneled trillions of public dollars to families and parents. Whether these measures should represent a temporary deviation from the nation’s free-market expectations during an unprecedented emergency or the first step in a long-term shift toward …

Qualified Sovereignty, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

Sometimes acts of the federal government cause harm; sometimes acts of contractors hired by the federal government cause harm. In cases involving the latter, federal contractors often invoke the sovereign’s constitutionally granted and doctrinally expanded supremacy to restrict avenues for the injured to recover even from private actors. In prior work, we analyzed how federal contractors exploit three “sovereign shield” defenses—preemption, derivative sovereign immunity, and derivative intergovernmental immunity—to evade liability, accountability, and oversight.

This Article considers whether, when, and how private federal contractors should be held accountable in a court of law. We argue that a contractor should be required …

Amar’S The Words That Made Us, Michael J. Gerhardt

Faculty Publications

Our generation’s preeminent constitutional scholar, Professor Akhil Amar of the Yale Law School, is, like the Constitution itself, a national treasure. His most recent book, The Words that Made Us, is another masterpiece of constitutional and historical exegesis, the first of three volumes that illuminate in what ways the American Constitution has defined, energized, united, and divided the nation and its people through constitutional conversations and engagements over its meaning throughout our history. The book is awash with stories about the incremental broadening of “We the People,” the hero, authority, casualty, and beneficiary of the words that made us. …

Public Investment In Climate Resiliency: Lessons From The Law And Economics Of Natural Disasters, Donald T. Hornstein

Faculty Publications

This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the twenty-first century are estimated to be in the trillions of dollars due to the presence of legacy greenhouse gases in the atmosphere. Thus, even assuming a sustained, successful global campaign to limit future greenhouse gases, the ingredients for decades of droughts, wildfires, storms, and floods are already locked into the atmosphere. …

Precautionary Ratemaking, Jonas J. Monast

Faculty Publications

For more than one hundred years, states have relied on ratemaking to ensure that electric utilities deliver affordable and reliable power to their customers. This process helped keep costs down, but it also produced an electricity system that is a cause of, and vulnerable to, some of the most pressing challenges now facing society: climate change, catastrophic wildfires, extreme storms, and air and water pollution.

This Article argues that risk regulation is an alternate legal foundation for interpreting bedrock principles of ratemaking, such as prudency, reasonableness, least cost, and the public interest. The traditional economic regulator view of ratemaking evaluates …