Digital Commons Network^™

The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards

Faculty Publications

(Excerpt)

Decades of short-term thinking and regulatory fixes created the bewilderingly complex statutory and regulatory structures governing the giving of personalized investment advice to retail customers. Although deeply flawed, the current systems remain entrenched because of the difficulties inherent in making radical alterations. Importantly, the current patchwork systems do not seem to serve retail customers particularly well. Retail customers tend to make predictable and costly mistakes in allocating their assets. Some of this occurs because many investors lack basic financial literacy. A recent study released by the staff of the Securities and Exchange Commission (the “Commission”) on financial literacy among …

Library Instruction Case Wiki, Andy Spackman

Faculty Publications

We hope you find the guides and case studies collected here helpful, and we invite you to contribute by discussing your experiences on the discussion page for each case study, and by submitting case studies you have developed and used in your own instructional efforts.

Cases for Advanced Business Students

• Building a Company List - Trucking in Texas
• Company and Market Research - Big Sweety and the Chocolate Manufacturing Industry
• Determining Market Size - Infant Formula
• Entrepreneurial Marketing - The Comic Book Guy
• Global Trade and Economics - Manufacturing Medical Instruments
• International Business - Launching the Wii
• International Marketing - …

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

Mixed Signals On Summary Judgment, Howard Wasserman

Faculty Publications

This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary …

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Faculty Publications

No abstract provided.

Subsidiarity In Principle:Decentralization Of Water Resources Management, Ryan B. Stoa

Faculty Publications

No abstract provided.

Factors That Influence The Development Of Compassion Fatigue, Burnout, And Compassion Satisfaction In Emergency Department Nurses, Stacie Hunsaker, Dale Maughan, Sondra Heaston

Faculty Publications

Purpose: The purpose of this study was twofold: (a) to determine the prevalence of compassion satisfaction, compassion fatigue, and burnout in emergency department nurses throughout the United States and (b) to examine which demographic and work-related components affect the development of compassion satisfaction, compassion fatigue, and burnout in this nursing specialty.

Design and Methods: This was a non-experimental, descriptive, and predictive study using a self-administrated survey. Survey packets including a demographic questionnaire and the Professional Quality of Life Scale version 5 (ProQOL 5) were mailed to 1,000 selected emergency nurses throughout the United States. The ProQOL 5 scale was used …

The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa

Faculty Publications

The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Faculty Publications

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …

Simulated Learning In Musculoskeletal Assessment And Rehabilitation Education: Comparing The Effect Of A Simulation-Based Learning Activity With A Peer-Based Learning Activity, Mark Hecimovich, Simone Volet

Faculty Publications

Background: Musculoskeletal disorders and diseases are leading causes of pain, physical disability, and doctor visits throughout the world. Health professionals must be trained to assess, treat through rehabilitation and monitor patients with these disorders. Yet, due to overcrowded curricula, some health education programs struggle to accommodate more than minimal training in musculoskeletal conditions. Consequently, educators in these professions must consider how traditional instruction could be complemented effectively to enhance students’ preparation for the diverse musculoskeletal disorders and pathologies they may encounter. The purpose of this study was to explore the benefits that can be obtained from laboratory practice in musculoskeletal …

Structured Narrative Retell Instruction For Young Children From Low Socioeconomic Backgrounds: A Preliminary Study Of Feasibility, Suzanne M. Adlof, Angela N. Mcleod, Brianne Leftwich

Faculty Publications

Successful acquisition of literacy depends on adequate development of decoding skills as well as broader, meaning-related knowledge and skills for text comprehension. Children from low socioeconomic status (SES) backgrounds are often challenged in both domains, relative to peers who are not economically disadvantaged. The efficacy of code-focused instructional programs for at-risk preliterate children is well supported, but less evidence is available regarding interventions to improve broader language and comprehension skills. This preliminary study tested the feasibility of a new intervention, "structured narrative retell instruction" (SNRI), and explored its potential to enhance meaning-related knowledge and skills, including vocabulary, listening comprehension, and …

The Relationship Between Select Demographic Characteristics And Body Mass Index Among Native Hawaiian And Other Pacific Islander Caregiving Adults, Jane Lassetter Phd, Rn, Lauren Clark Phd, Rn, Faan, Sharla E. Morgan Fnp, Lora Beth Brown Phd, Gwen Vanservellen Phd, Rn, Faan, Katrina Duncan Fnp, Betsy S. Hopkins

Faculty Publications

Native Hawaiian or other Pacific Islanders (NHOPIs) are people with genetic origins in Hawaii, Samoa, or other Pacific Islands (Hixson, Hepler, & Kim, 2012). NHOPI prevalence of overweight or obesity is among the highest in the world. Nauru, a Pacific Island nation, is considered the most obese country in the world with an overweight and obesity prevalence of 93% (WHO, 2011). Hawaii’s overall prevalence of overweight or obesity is 52.1%, but the prevalence for Native Hawaiian residents is 69.6% (Hawaii Department of Health, 2011). Inasmuch as NHOPIs are one of the fastest growing ethnic groups in the U.S. (Hixson et …

Prophets Rendering Christlike Service: Looking To Peter As An Example, Kenneth L. Alford Ph.D.

Faculty Publications

This chapter (from the 2014 book “An Eye of Faith,” a festschrift for Dr. Richard O. Cowan, published by the Brigham Young University Religious Studies Center) shares examples of prophetic service from Peter the Apostle to each of the prophets of the Restoration—from Joseph Smith, Jr. to Thomas S. Monson. Many of the stories included about modern prophets are not widely known.

A 5-Year Review Of Aahperd Poster Presentations In The Area Of Sport Education, David C. Barney, Brad Strand

Faculty Publications

One desired outcome of k-12 physical education is that all students will have positive experiences during their classes. If students have positive experiences in physical education, they will physically likely be physically active throughout their lives (Barney & Strand, 2008). Unfortunately, for some students the physical education experience has been boring, unnecessary, a waste of time, or just not cool (Rice, 1988). One tool physical educators can manipulate to ensure that student's have positive experiences in physical education, is the curriculum. Barney and Deutsch (2009) found that the curriculum used in a middle school program played a major role in …

Student Achievement And French Sentence Repetition Test Scores, Deryle W. Lonsdale, Benjamin J. Millard

Faculty Publications

Sentence repetition (SR) tests are one way of probing a language learner’s oral proficiency. Test-takers listen to a set of carefully engineered sentences of varying complexity one-by-one, and then try to repeat them back as exactly as possible. In this paper we explore how well an SR test that we have developed for French corresponds with the test-taker’s achievement levels, represented by proficiency interview scores and by college class enrollment. We describe how we developed our SR test items using various language resources, and present pertinent facts about the test administration. The responses were scored by humans and also by …

A Critical Examination Of Couple Leisure And The Application Of The Core And Balance Model, Peter J. Ward, Keith W. Barney, Neil R. Lundberg, Ramon Zabriskie

Faculty Publications

This study further clarified the relationship between couple leisure involvement, couple leisure satisfaction, and marital satisfaction through examining the core and balance framework as it has been applied to the relationship between couple leisure and marital satisfaction. The sample consisted of 1,187 couples across the United States (N = 2,374). SEM analyses supported previous findings, indicating satisfaction with couple leisure involvement was far more important when predicting marital satisfaction than the amount of leisure involvement. Furthermore, while core marital leisure satisfaction was the driving force in the explanation of variance in marital satisfaction, findings suggested before that can happen there …

Effects Of Age And Syntactic Complexity On Speech Motor Performance, Christopher Dromey, Kelsey Boyce, Ron Channell

Faculty Publications

Purpose: This study investigated the effect of age on articulatory movement and stability in young, middle-aged, and older adults. It also examined the potential influence of linguistic complexity on speech motor control across utterances that differed in their length and grammatical complexity.
Method: There were 60 participants in three age groups: 20-30 years, 40-50 years, and 60-70 years, with equal numbers of men and women in each group. The speakers produced 10 repetitions of five different stimuli, each of which included the same bilabial-loaded phrase in different grammatical contexts, while their lip movements were recorded.
Results: Participants from the 60 …

An Introduction To Intragroup Dissent And Its Legal Implications, Holning S. Lau

Faculty Publications

No abstract provided.

Remaking Mexico: Law Reform As Public Policy, Deborah M. Weissman

Faculty Publications

No abstract provided.

The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman

Faculty Publications

No abstract provided.

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia James

Faculty Publications

No abstract provided.

What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Injunctions In Sovereign Debt Litigation, W. Mark C. Weidemaier, Anna Gelpern

Faculty Publications

No abstract provided.

The Effects Of Social Networking Site (Sns) Use On College Students’ Friendship And Well-Being, Jin-Liang Wang, Linda A. Jackson, James Gaskin, Hai-Zhen Wang

Faculty Publications

The present study was conducted with two goals in mind: (1) to examine the influence of using different types of SNS use on users’ well-being, and (2) to examine the mediating roles of online self-disclosure and friendship quality in the relationship between types of SNS use and well-being. Participants were from two large 4-year undergraduate universities in Southwestern China. The study was conducted during Spring semester, 2013, using advertisements that described the nature of the research and indicated that compensation for participation was U10 (about $1.5 U.S.). Of the 402 students approached, 337 completed the survey (i.e., response rate was …

Have Institutional Fiduciaries Improved Securities Class Actions? A Review Of The Empirical Literature On The Pslra's Lead Plaintiff Provision, Michael A. Perino

Faculty Publications

In 1995, Congress substantially revamped the governance of securities class actions when it created the lead plaintiff provision as part of the Private Securities Litigation Reform Act. This paper reviews the empirical literature evaluating that provision. The story that emerges from these studies is of a largely successful statutory innovation that has markedly improved the conduct of these cases. There is little doubt that passage of the PSLRA spurred institutions to become more active in securities class actions. Overall, the results of that participation are positive. Existing studies demonstrate that cases with institutional lead plaintiffs settle for more and are …

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord

Faculty Publications

This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.

The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

Jailing Black Babies, James G. Dwyer

Faculty Publications

No abstract provided.

The Year Of Magical Thinking: Fraud, Loss, And Grief, Jayne W. Barnard

Faculty Publications

In The Year of Magical Thinking, her wrenching memoir of the year following the death of her husband John Gregory Dunne, Joan Didion describes the episodes of magical thinking that forestalled her acceptance of Dunne's sudden absence from her life. In the hours after his death, she charged his cell phone. Weeks later, she gave his clothes to charity but kept his shoes because, she thought, "He would need shoes if he were to return."

Modern grief theory tells us that episodes like these are common during the months following a loved one's death, particularly when the death, like …

Structure Health Monitoring (Shm) System Trade Space Analysis, Salman A. Albinali, David R. Jacques

Faculty Publications

An analytic approach to exploring the tradespace associated with Structural Health Monitoring (SHM) systems is presented. Modeling and simulation of the life cycle of a legacy aircraft and the expected operational and maintenance events that could occur is shown. A focus on the SHM system detection of a significant crack length and the possibility of False Alarm (FA), miss detection and mishap events is investigated. The modeling approach allows researchers to explore the tradespace associated with safe and critical crack lengths, sensor thresholds, scheduled maintenance intervals, falsely triggered maintenance actions, and mishaps due to missed detections. As one might expect, …

Strengthening Dod Cyber Security With The Vulnerability Market, Bradley C. Panton, John M. Colombi, Michael R. Grimaila, Robert F. Mills

Faculty Publications

Excerpt: Every year, the Department of Defense (DoD) upgrades its information technology systems, allows new applications to connect to DoD information networks, and reconfigures the enterprise to gain efficiencies. While these actions better support the warfighter and satisfy national security interests, they introduce new system vulnerabilities waiting to be exploited.