Digital Commons Network^™

Unmasking Cost Growth Behavior: A Longitudinal Study, Cory N. D'Amico, Edward D. White, Jonathan D. Ritschel, Scott R. Kozlak

Faculty Publications

This article examines how cost growth factors (CGF) change over a program’s acquisition life cycle for 36 Department of Defense aircraft programs. Starting from Milestone B, the authors examine CGFs at five gateways: Critical Design Review, First Flight (FF), the end of Developmental Test and Evaluation (DT&E), Initial Operational Capability, and Full Operational Capability. Each CGF is assigned a color rating based upon the program’s cost growth: Green (low), Amber (moderate), or Red (high). Significant findings include dependencies among similar CGF color ratings and cost growth occurring primarily between FF and the end of DT&E during a program’s life cycle.

Textualism And Statutory Precedents, Anita S. Krishnakumar

Faculty Publications

This Article seeks to shed light on a little-noticed trend in recent U.S. Supreme Court statutory interpretation cases: The Court’s textualist Justices—or at least some subset of them—have proved remarkably willing to abandon stare decisis and to argue in favor of overruling established statutory interpretation precedents. This is especially curious given that statutory precedents are supposed to be sacrosanct; Congress, rather than the Court, is the preferred vehicle for correcting any errors in the judicial construction of a statute and courts are to overrule such constructions only in rare, compelling circumstances. What, then, accounts for the textualist Justices’ brazen willingness …

Faith-Based Emergency Powers, Noa Ben-Asher

Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …

Markets And Morals: The Limits Of Doux Commerce, Mark L. Movsesian

Faculty Publications

In this essay for a symposium on Professor Nathan Oman's new book, The Dignity of Commerce, I do three things. First, I describe what I take to be the central message of the book, namely, that markets promote liberal values of tolerance, pluralism, and cooperation among rival, even hostile groups. Second, I show how Oman's argument draws from a line of political and economic thought that dates to the Enlightenment, the so-called "doux commerce" thesis of thinkers like Montesquieu and Adam Smith. Finally, I discuss what I consider the most penetrating criticism of that thesis, Edmund Burke's critique from …

Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia G. Montana

Faculty Publications

In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.

Because the Good Samaritan law in Florida, like in most …

Financial Exploitation Of The Elderly: An Overview Of Regulatory Action, Christine Lazaro

Faculty Publications

(Excerpt)

Financial exploitation of the elderly is a significant problem, which is only getting worse over time. A study by MetLife estimated that seniors lost $2.9 billion as a result of financial abuse, recognizing that the number was likely low due to underreporting of abuse. Each year, the elder population increases as the baby boomer generation ages. By the year 2050, it is estimated that 83.7 million people will be aged 65 or older, double what it was in 2012.

#Socialjustice: Combatting Implicit Bias In An Age Of Millennials, Colorblindness, & Microaggressions, Renee Nicole Allen, Deshun Harris

Faculty Publications

Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems. While academic support originally focused on racial integration in law schools, today’s Academic Support professionals support students who are diverse in various ways. As professionals, we cannot assume that our diverse students do not carry bias. Implicit bias, a bias one is not consciously aware of, has the ability to …

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution, Elayne E. Greenberg

Faculty Publications

This paper proposes a radical departure from the status quo approach to securing a client’s informed consent about settlement options and refocuses informed consent practice back to what informed consent is about, the client. As it exists today, the status quo approach to securing a client’s informed consent about whether or not to use an alternative dispute resolution procedure to resolve the client’s case is inadequate. It thwarts a client’s right to exercise party self- determination and stymies a client’s ability to make informed justice choices. Lawyers, courts, ADR providers and neutrals routinely provide litigants with generic information about the …

A Novel Supercritical Co2-Based Decellularization Method For Maintaining Scaffold Hydration And Mechanical Properties, Michael A. Matthews, Tarek Shazly, Rachel M. Handleton, Dominic M. Casali

Faculty Publications

Decellularized tissues are commonly utilized as tissue engineering scaffolds. Decellularization by extended exposure to aqueous detergents can damage the microstructure or deposit cytotoxic residue. Supercritical carbon dioxide (scCO2) has been proposed for decellularization, but reportedly causes dehydration and scaffold embrittlement.

Presented herein is a novel decellularization method that preserves matrix hydration state and mechanical properties. Over 97% of the water in porcine aorta is maintained by presaturating scCO2 with water; however, complete decellularization was not attained by any process utilizing only scCO2. Instead, a novel hybrid method is presented that combines a brief (48 h) exposure of tissue to aqueous …

From The Ground Up: Providing Support To Emergent Bilinguals To Distinguish Language Difference From Disability, Andrea Golloher, David Whitenack, Lisa Simpson, Donna Sacco

Faculty Publications

National Assessment of Educational Progress (NAEP) data reveal that students with disabilities who are emergent bilinguals (English language learners) have the lowest levels of profficiency in reading and mathematics among all student groups. We consider issues related to the instruction of emergent bilinguals, including those identified as having specific learning disabilities, using a Response to Intervention (RTI)/Multi-Tiered Systems of Support (MTSS) model. In so doing, we argue that instructional practices consistent with a robust Tier 1 framework are beneficial to emergent bilinguals with and without learning disabilities while differentiating Tier 2 and 3 interventions may improve outcomes for emergent bilingual …

The Relevance Of Extracurricular Activities For Citizenship: Why Cutting Budget For Student Associational Activity Is A Bad Policy, Jason A. Laker, Tomaž Deželan, Domen Kos

Faculty Publications

Universities are tasked with providing rigorous education and training for successful entry into disciplinary and professional fields. Their instrumental roles are situated within broader commitments to political communities through cultural stewardship. As such, the process of socializing students with the knowledge, skills, and dispositions of democratic citizenship is a complementary and acute obligation of institutions of higher education. Student Associations arguably serve as strategic enablers of this key responsibility through their unique identities as laboratories of shared governance. When students participate in co-creating their educational and community experiences, the dividends for learning and development escalate. The deliberative processes and activities …

Patient Friendly Kidney Function Screening, Ragwa El Sayed, Rathna Ramesh, Alessandro Bellofiore, David Anastasiu, Melinda Simon

Faculty Publications

No abstract provided.

Metabolomic Profiles In Breast Cancer: A Pilot Case-Control Study In The Breast Cancer Family Registry, Marcelle Dougan, Yuqing Li, Lisa Chu, Robert Haile, Alice Whittemore, Summer Han, Steven Moore, Joshua Sampson, Irene Andrulis, Esther John, Ann Hsing

Faculty Publications

Background Metabolomics is emerging as an important tool for detecting differences between diseased and non-diseased individuals. However, prospective studies are limited. Methods We examined the detectability, reliability, and distribution of metabolites measured in pre-diagnostic plasma samples in a pilot study of women enrolled in the Northern California site of the Breast Cancer Family Registry. The study included 45 cases diagnosed with breast cancer at least one year after the blood draw, and 45 controls. Controls were matched on age (within 5 years), family status, BRCA status, and menopausal status. Duplicate samples were included for reliability assessment. We used a liquid …

Biotime: A Database Of Biodiversity Time Series For The Anthropocene, Maria Dornelas, Laura H. Antão, Faye Moyes, Amanda E. Bates, Anne E. Magurran, Sarah R. Supp

Faculty Publications

No abstract provided.

Academic Information On Twitter: A User Survey, Ehsan Mohammadi, Mike Thelwall, Mary Kwasny, Kristi L. Holmes

Faculty Publications

Although counts of tweets citing academic papers are used as an informal indicator of interest, little is known about who tweets academic papers and who uses Twitter to find scholarly information. Without knowing this, it is difficult to draw useful conclusions from a publication being frequently tweeted. This study surveyed 1,912 users that have tweeted journal articles to ask about their scholarly-related Twitter uses. Almost half of the respondents (45%) did not work in academia, despite the sample probably being biased towards academics. Twitter was used most by people with a social science or humanities background. People tend to leverage …

Profound Sophistication Or Legal Sophistry, Ediberto Román, Katryna Santa Cruz, Melissa Gonzalez, Dianet Torres

Faculty Publications

No abstract provided.

What Motivates Legislators To Act: Problem Definition & The Opioid Epidemic, A Case Study, Taleed El-Sabawi

Faculty Publications

This article explores why federal legislators may have been motivated to treat the current opioid crisis as a health issue, when past drug problems have been treated as a criminal justice issue. Using theories from political science, policy studies and sociology, this article summarizes leading theories of legislative behavior and applies them to the current opioid crisis, in an effort to better understand what motivates legislators to enact legislation to solve pressing social problems in a way that reframes the problem. Part II of this article provides an overview of the Comprehensive Addiction and Recovery Act, its significance, and how …

Socially Responsible Corporate Ip, J. Janewa Osei-Tutu

Faculty Publications

Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. For example, as part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation …

Combat Neuroses And The Battle Of Little Big Horn, Albert Winkler

Faculty Publications

Combat stress first became a subject of much academic inquiry in the 20th century, but soldiers certainly suffered from mental problems in the 19th century as well as a result of battle, including the Little Big Horn. The purpose of this study is to examine how the stress of the Little Big Horn disturbed the participating trooper mentally and how these men suffered from symptoms related to combat neurosis such as panic, insanity, and irrational behavior which the men demonstrated during the battle and afterward.

Teachers' Interactions With A Young Child With: Comparing Ipad And Non-Ipad Use, Sohyun Meacham, Saeed Almalki

Faculty Publications

The purpose of this study was investigating teachers' interaction with a young child with ASD when they were using iPad to support language and communication skills development. A case study method was applied. Business-as-usual classroom interaction was analyzed. Utterances were divided into two conditions (iPad-use and non-iPad-use) to compare effectiveness on supporting the child's engagement in teacher-child interaction. In addition, interviews with teachers were conducted to collect more information about their own perspectives regarding iPad use with the student with ASD. Results of the study indicate that child-teacher joint attention and teachers' verbal assistance happened more frequently when iPad was …

Proactive Social Validation Of Methods And Procedures Used For Training Speech Production In Aphasia, Tyson G. Harmon, Lucy Hardy, Katarina L. Haley

Faculty Publications

Background: Social validation evaluates the importance and acceptability of treatment goals, procedures, and outcomes. Previous studies for treatments that train speech production in aphasia have applied social validation during the post-treatment period or to treatment protocols that are already fully developed.

Aims: The purposes of this study were to (1) examine the social validity of goals and procedures experienced in speech production treatment for people with aphasia and (2) evaluate the feasibility of procedural choice-making during such tasks.

Method: Seven people with aphasia and eight speech-language pathologists were interviewed about previous treatment that targeted speech production. Participants were also observed …

Polysyllabic Shortening In Speakers Exposed To Two Languages, Todd A. Gibson, Connie Summers

Faculty Publications

Polysyllabic shortening is used to maintain stress-timed rhythm in English, but used negligibly in Spanish. It is unknown how polysyllabic shortening is influenced when individuals are exposed to one language that employs it and one that does not. We calculated polysyllabic shortening for 35 functionally monolingual English-speaking adults and 19 relatively balanced Spanish–English bilingual peers who repeated English and Spanish nonwords. Results showed that speech motor patterns learned early in life might be sufficient to block cross-linguistic transfer of polysyllabic shortening despite limited language proficiency, and bilingual speakers appear to signal membership in the majority language by increasing polysyllabic shortening.

Sanctifcation And Cheating Among Emerging Adults, Scott Braithwaite, Paige Mcallister, Elena Henderson, Meghan Maddock, Krista Dowdle, Frank D. Fincham

Faculty Publications

Cheating—a general term for extradyadic romantic or sexual behavior that violates expectations in a committed romantic relationship—is common and leads to a number of poor outcomes. Religion has historically infuenced conceptions of romantic relationships, but societal attitudes about religion are in fux as many seek to retain spirituality even as afliations with formal religion decrease. The present study evaluated a potential predictor of cheating that is more spiritual than formally religious, the “psychospiritual” concept of relationship sanctifcation (i.e., the idea that one’s relationship itself is sacred). In a sample of college students in committed relationships (N=716), we found that higher …

Stories They Tell: The Rhetoric Of Recruiting Independent Consultants, Jacob D. Rawlins, Sarah E. Martin

Faculty Publications

This study investigates the themes that drive persuasive recruiting appeals, or stories, designed to attract new, entrepreneurial workers in the direct selling industry. It offers a rhetorical perspective informed by fantasy theme analysis on the themes present in the recruiting content on the corporate Web sites of three direct selling companies (Mary Kay, Stella & Dot, and Scentsy). The analysis indicates that rhetorical agency is a core theme in the persuasive recruiting stories for these companies. Offering a means for business and technical communication scholars to explore agency or other persuasive story themes in context, this study addresses how a …

Aaa Research Relevance Task Force: Recommendations, David A. Wood

Faculty Publications

No abstract provided.

Why People Play At Work: A Theoretical Examination Of Leisure-At-Work, Mat D. Duerden, Stephen H. Courtright, Mark A. Widmer

Faculty Publications

Postmodern perspectives on work and leisure acknowledge the interwoven nature of these domains, an example being the increasing number of organizations intentionally incorporating leisure into the employee experience. Existing research, however, provides no specific theoretical guidance regarding the potential impacts of strategically integrating recreation activities into the work domain. Thus, based on positive organizational scholarship and leisure science theories, we build an individual level model describing the phenomenon of leisureat- work (LAW). We propose LAW activities have the ability to produce feelings of personal expressiveness at work as moderated by employees’perceptions of the activities. Personal expressiveness then mediates LAW activities’ …

Development And Validation Of The Outdoor Activity Profile (Oap): A Research Note, Andrew Lacanienta, Mat Duerden, Peter Ward, Ramon Zabriskie

Faculty Publications

This study sought to design and validate the Outdoor Activity Profile (OAP), which was based on the Family Leisure Activity Profile (FLAP; Zabriskie & McCormick, 2001). The OAP was designed to measure and categorize involvement as opposed to time in outdoor activities. Data were collected from undergraduate students on two occasions separated by four weeks. Significant correlations existed between all time one and time two involvement scores, thereby supporting the OAP’s test-retest reliability. Descriptive data is presented outlining involvement, satisfaction, and whom respondents were with during activity categories. One-way ANOVA results describe differences between male and female outdoor activity involvement …

Examining The Impact And Influence Of The Leisure Science Literature, Mat D. Duerden, Michael B. Edwards, Michael C. Goates, Justin Dyer

Faculty Publications

This study explored the impact and influence of the leisure sciences literature through an analysis of highly cited articles. Discriminant function analysis identified whether articles had more exclusive impact inside or outside the field. Research themes and methodologies were examined based on these classifications. Results indicate articles with the greatest impact within the leisure literature tended to be quantitative studies drawing upon survey data and non-experimental designs focused on general leisure and outdoor/forest recreation. Articles with the greatest impact outside the leisure literature were more recent and focused on place attachment, psychological motivation, or community parks and recreation and used …

Education, Cognitive Performance, And Investment Fees, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian, William L. Skimmyhorn, Stephen P. Zeldes

Faculty Publications

We study the association between human capital and rollovers into Individual Retirement Accounts (IRAs), using administrative records from the defined contribution savings plan for U.S. government employees: the Thrift Savings Plan (TSP). Employees who separate from government employment have the option to leave balances in the TSP, where fees are currently under 4 basis points. However, we estimate that more than a third of the TSP balances end up being rolled over into IRA accounts, which are very likely to have much higher fees. We find that educational attainment has a very small positive association with the propensity to roll …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.