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Call-And-Response: Looking Outward From/With Igsa@Nd, Angeletta K.M. Gourdine, Mary Celeste Kearney, Shauna Pomerantz Jan 2021

Call-And-Response: Looking Outward From/With Igsa@Nd, Angeletta K.M. Gourdine, Mary Celeste Kearney, Shauna Pomerantz

Faculty Publications

No abstract provided.


Cost Estimating Using A New Learning Curve Theory For Non-Constant Production Rates, Dakotah Hogan, John J. Elshaw, Clay M. Koschnick, Jonathan D. Ritschel, Adedeji B. Badiru, Shawn M. Valentine Oct 2020

Cost Estimating Using A New Learning Curve Theory For Non-Constant Production Rates, Dakotah Hogan, John J. Elshaw, Clay M. Koschnick, Jonathan D. Ritschel, Adedeji B. Badiru, Shawn M. Valentine

Faculty Publications

Traditional learning curve theory assumes a constant learning rate regardless of the number of units produced. However, a collection of theoretical and empirical evidence indicates that learning rates decrease as more units are produced in some cases. These diminishing learning rates cause traditional learning curves to underestimate required resources, potentially resulting in cost overruns. A diminishing learning rate model, namely Boone’s learning curve, was recently developed to model this phenomenon. This research confirms that Boone’s learning curve systematically reduced error in modeling observed learning curves using production data from 169 Department of Defense end-items. However, high amounts of variability in …


The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill Mar 2020

The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill

Faculty Publications

One of the obvious influences on Bob Cochran’s scholarship is the Dutch Calvinist tradition, especially as represented in the writings by or about Abraham Kuyper (1837–1920). Even though Cochran was neither Dutch nor a member of a Reformed church, Cochran found inspiration and compelling insights (with respect to legal processes and institutions) in the Dutch Calvinist tradition. This interest reflected Cochran’s generous ecumenism and his well-known respect for religious diversity. Three prominent conceptions—the trilogy of sphere sovereignty, antithesis, and common grace—provide a guide to Cochran’s recourse to Kuyper and Calvinism in his scholarly writing. Following a brief explanation of the …


Educating For Whiteness: Applying Critical Race Theory’S Revisionist History In Library & Information Science Research, Suzanne Marie Stauffer Jan 2020

Educating For Whiteness: Applying Critical Race Theory’S Revisionist History In Library & Information Science Research, Suzanne Marie Stauffer

Faculty Publications

No abstract provided.


Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea Jan 2020

Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea

Faculty Publications

Part I of this Article will discuss defamation law with a focus on the Court’s decision in New York Times Co. v. Sullivan. This decision “constitutionalized” the common law tort of defamation and dealt a death blow to a series of lawsuits by southern government officials aimed at silencing the publication.14 The decision has since provided an essential foundation for press freedom for over fifty years. At the same time, because the decision did not grant the press (or the public generally) absolute immunity for the publication of defamatory information about matters of public concern, speakers potentially face years …


Regresando A La Creación: Reflexiones Teológicas Sobre Principios Básicos De La Hermenéutica Bíblica Aplicada A La Ordenación De La Mujer, Jiri Moskala Jan 2020

Regresando A La Creación: Reflexiones Teológicas Sobre Principios Básicos De La Hermenéutica Bíblica Aplicada A La Ordenación De La Mujer, Jiri Moskala

Faculty Publications

No abstract provided.


Zheng He And The American Liberal Arts Education: Contexts And Complications, Marla Lunderberg Nov 2019

Zheng He And The American Liberal Arts Education: Contexts And Complications, Marla Lunderberg

Faculty Publications

Zheng He was a eunuch of Moslem family heritage who held great authority early in the Ming Dynasty, primarily under the Yongle emperor (reign: 1402–24), as he led seven maritime expeditions, of which three reached the eastern coast of Africa. Of recent English language projects on Zheng He, Henry Tsai (1996) explores the context of the eunuchs of the Ming Dynasty in defining Zheng He’s work, and Edward Dreyer (2007) and Timothy Brook (2010) portray Zheng He within the context of the Chinese tributary system. However, other images also hold power over the Western imagination: Louise Levathes (1994) portrays Zheng …


Beyond Justice: Reading Alma 42 In The Context Of Atonement Theories, Mark D. Ellison Jan 2019

Beyond Justice: Reading Alma 42 In The Context Of Atonement Theories, Mark D. Ellison

Faculty Publications

In Alma 42, Alma teaches his son Corianton about the atonement in a statement laden with legal vocabulary. Terms such as law, judged, just, justice, injustice, punishment, probationary, and penitent dominate the message, in company with such concepts as the execution of the law, the infliction of punishment, and punishment being affixed to violation of law. By all appearances, Alma sets forth what theologians call a juridical view of atonement (one concerned with the administration of justice). The problem as Alma states it is that “all mankind were fallen” and because of disobedience were “in the grasp of justice” and …


Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola Jan 2019

Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola

Faculty Publications

Intellectual property law has intended benefits, but it also carries certain costs—deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual property. More …


A Series Of Iron Age Domestic Buildings In Field C At Tall Jalul, Paul J. Ray Jan 2019

A Series Of Iron Age Domestic Buildings In Field C At Tall Jalul, Paul J. Ray

Faculty Publications

Excavations in Field C, located roughly in the center of Tall Jalūl, immediately east of the Acropolis, on the western side of the tall, were begun in 1994, focused on the remains of a pillared house, parts of which covered the original four squares (C1-4) of the field. Unfortunately, the western wall of this building was removed, due to stone robbing, not long after the building went out of use. In an effort to locate its southern end, an additional square (C5) was opened to the south, in 1996. Not only was this side of the building found, but two …


Review Of Exiled In Modernity: Delacroix, Civilization, And Barbarity By David O’Brien, Heather Belnap Jan 2019

Review Of Exiled In Modernity: Delacroix, Civilization, And Barbarity By David O’Brien, Heather Belnap

Faculty Publications

Hailed as both one of the last of the Old Masters (“je suis un pur classique”) and as the quintessential Romantic rebel (“the Victor Hugo of painting”), Eugène Delacroix stands as a towering but liminal figure in the history of art. In Exiled in Modernity: Delacroix, Civilization, and Barbarism, David O’Brien explores how Delacroix’s later artistic period is deeply engaged with pressing issues of the age, including the development of civilization, the processes of modernity, the conceptualization of the Other, the place of nature, and so on. While acknowledging the place for political interpretations of Delacroix’s work, the author is …


Atonement In The Book Of Mormon And In The New Testament, Noel B. Reynolds Feb 2018

Atonement In The Book Of Mormon And In The New Testament, Noel B. Reynolds

Faculty Publications

New Testament writers consistently and vigorously testify that Jesus Christ has atoned for the sins of all mankind and has provided for their resurrection from the dead. In so doing they point to historical facts, the things he did to accomplish this—to his sufferings in Gethsemane and to his crucifixion and resurrection. Some of these writers also offer explanations or characterizations of that atonement intended to illuminate how it was possible or how it works. The various explanations offered are not identical or even always consistent with each other as they vary somewhat between writers, or sometimes even within the …


Translation And Evolution: Byzantine Monastic Studies Since Ca. 1990, Hannah Ewing Feb 2018

Translation And Evolution: Byzantine Monastic Studies Since Ca. 1990, Hannah Ewing

Faculty Publications

While monks were integral parts of the long‐lasting Byzantine world, Byzantine monasticism and its study can be relatively obscure to nonspecialists, given the diversity of monastic forms practiced in the empire. This piece presents a brief primer on Byzantine monastic studies and evaluates key scholarship in this increasingly vigorous field. In particular, it assesses the major impact of critical editions and primary‐source translation projects since the 1990s and 2000s, including both archival materials and hagiography. Furthermore, it evaluates the current state of the field and outlines several opportunities and directions for further research.


Challenges Of Elephant Conservation: Insights From Oral Histories Of Colonialism And Landscape In Tsavo, Kenya, Peter Ngugi Kamau, Andrew Sluyter Jan 2018

Challenges Of Elephant Conservation: Insights From Oral Histories Of Colonialism And Landscape In Tsavo, Kenya, Peter Ngugi Kamau, Andrew Sluyter

Faculty Publications

No abstract provided.


Léon Duguit And The Social Function Of Property In Argentina, M. C. Mirow Jan 2018

Léon Duguit And The Social Function Of Property In Argentina, M. C. Mirow

Faculty Publications

Despite its early introduction to Argentina in 1911, the doctrine of the social function of property was not quickly appropriated into the Argentine legal system. Only after a period of more than thirty-five years did this concept of property find expression in this country through the Constitution of 1949, the Peronist constitution drafted under the guidance of the Arturo Enrique Sampay. Duguit's writings formed part of a broader understanding of the social function of property that was informed by various scholars and sources, and particularly by works on Christian humanism and the social doctrine of the Roman Catholic church. Although …


John E. Davis (William H. Norman) -- A Galvanized Yankee In Utah, Kenneth L. Alford Ph.D. Dec 2017

John E. Davis (William H. Norman) -- A Galvanized Yankee In Utah, Kenneth L. Alford Ph.D.

Faculty Publications

An interesting and intriguing story about William H. Norman, who served in the Confederate Army during the American Civil War as an infantry rifleman from Georgia, was captured by Union troops in December 1864 outside of Nashville, Tennessee, and was then incarcerated as a prisoner-of-war in Camp Douglas, Illinois. As a Confederate prisoner, the federal government gave him the option of remaining in the camp or renouncing his Confederate loyalty and enlisting in the Union Army. Like thousands of his fellow prisoners, he chose the second option and became a "galvanized Yankee." A few months later (after the end of …


Non-Affirmative Theory Of Education As A Foundation For Curriculum Studies, Didaktik And Educational Leadership, Michael Uljens, Rose Ylimaki Oct 2017

Non-Affirmative Theory Of Education As A Foundation For Curriculum Studies, Didaktik And Educational Leadership, Michael Uljens, Rose Ylimaki

Faculty Publications

This chapter presents non-affirmative theory of education as the foundation for a new research program in education, allowing us to bridge educational leadership, curriculum studies and Didaktik. We demonstrate the strengths of this framework by analyzing literature from educational leadership and curriculum theory/didaktik. In contrast to both socialization-oriented explanations locating curriculum and leadership within existing society, and transformation-oriented models viewing education as revolutionary or super-ordinate to society, non-affirmative theory explains the relation between education and politics, economy and culture, respectively, as non-hierarchical. Here critical deliberation and discursive practices mediate between politics, culture, economy and education, driven by individual agency in …


Mass Communication Law And Policy Research And The Values Of Free Expression, Edward L. Carter Jul 2017

Mass Communication Law And Policy Research And The Values Of Free Expression, Edward L. Carter

Faculty Publications

Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.


Miracles As Evidence For The Existence Of God, Alan G. Padgett Jan 2017

Miracles As Evidence For The Existence Of God, Alan G. Padgett

Faculty Publications

No abstract provided.


Between Description & Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal Jan 2017

Between Description & Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

Faculty Publications

The occasions on which a judge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitution requires the opposite of her ideological preferences, are extremely rare. Yet judges and scholars continue to present their conclusions as the product of ideologically neutral reasoning, while often criticizing the ideological bias in the reasoning of their opponents. A Wittgensteinian perspective on the nature of legal discourse can shed light on this puzzlingly persistent state of affairs. Legal discourse, including constitutional argument, is partly defined by the blending of descriptive reasoning about what the law …


Railroad Land Grants In An Incongruous System: Corporate Subsidies, Bureaucratic Governance, And Legal Conflict In The United States, 1850-1903, Sean Kammer Jan 2017

Railroad Land Grants In An Incongruous System: Corporate Subsidies, Bureaucratic Governance, And Legal Conflict In The United States, 1850-1903, Sean Kammer

Faculty Publications

No abstract provided.


Review Of Rice: Global Networks And New Histories, Ed. By Francesca Bray, Peter A. Coclanis, Edda L. Fields-Black, And Dagmar Schäfer, Andrew Sluyter Jan 2017

Review Of Rice: Global Networks And New Histories, Ed. By Francesca Bray, Peter A. Coclanis, Edda L. Fields-Black, And Dagmar Schäfer, Andrew Sluyter

Faculty Publications

No abstract provided.


Diasporic Transnationalism In Zoë Wicomb’S "The One That Got Away" And "October", Aaron Eastley Jan 2017

Diasporic Transnationalism In Zoë Wicomb’S "The One That Got Away" And "October", Aaron Eastley

Faculty Publications

Whereas the early works of South African/Scottish writer Zoë Wicomb delved into racial tensions caused by apartheid, her more recent works excavate diasporic tensions tied to present-day travel and transnationalism. In her 2009 short story collection The One That Got Away and her 2014 novel October, Wicomb presents a series of narratives in which Cape Town and Glasgow collide. In these narratives Wicomb gravitates toward the experiences of mostly middle-class immigrants and visitors, often in later stages of life, operating in the relatively established multiculturalism of today's South Africa and UK. The irony of present-day transnational mobility as Wicomb …


Neo-Subordinationism: The Alien Argumentation In The Gender Debate, Matthew L. Tinkham Jr. Nov 2016

Neo-Subordinationism: The Alien Argumentation In The Gender Debate, Matthew L. Tinkham Jr.

Faculty Publications

Over the last forty years, the debate over gender roles in the home, church, and society has unprecedentedly escalated among Evangelical Christians—including Seventh-day Adventists—due to the introduction of an alien argumentation that grounds the permanent functional subordination of women to men ontologically in the being of God. This argument, which I have termed “neo-subordinationism,” states that women are ontologically equal but functionally subordinate to men because of a prescriptive hierarchical order that exists in the immanent Trinity and is recognizable through the economic Trinity. In this Trinitarian hierarchy the Son and the Holy Spirit are said to be ontologically equal …


Research Support Services For Religious Studies, Trevan Hatch, Ryan Lee, Gerrit Van Dyk Nov 2016

Research Support Services For Religious Studies, Trevan Hatch, Ryan Lee, Gerrit Van Dyk

Faculty Publications

This project was part of a larger suite of similar studies being concurrently conducted at fifteen religious studies libraries in US higher education institutions in conjunction with Ithaka S+R, a not-for-profit research and consulting service that helps academic, cultural, and publishing communities. The information gathered in this study will not only be used to improve the research support services at Brigham Young University but also towards writing a larger report from the aggregated results written and publically disseminated by Ithaka S+R.


The Negative Effects Of Pathogen-Infected Prey On Predators: A Meta-Analysis, Andrew J. Flick, Miguel A. Acevedo, Bret D. Elderd Nov 2016

The Negative Effects Of Pathogen-Infected Prey On Predators: A Meta-Analysis, Andrew J. Flick, Miguel A. Acevedo, Bret D. Elderd

Faculty Publications

© 2016 The Authors Intra-guild predation (IGP) – where a top predator (IGPred) consumes both a basal resource and a competitor for that resource (IGPrey) – has become a fundamental part of understanding species interactions and community dynamics. IGP communities composed of intraguild predators and prey have been well studied; however, we know less about IGP communities composed of predators, pathogens, and resources. Resource quality plays an important role in community dynamics and may influence IGP dynamics as well. We conducted a meta-analysis on predator–pathogen–resource communities to determine whether resource quality mediated by the pathogen affected predator life-history traits and …


Alongcoast Structure And Interannual Variability Of Seasonal Midshelf Water Properties And Velocity In The Northern California Current System, B. Hickey, S. Geier, N. Kachel, S. Ramp, P. Kosro, Thomas Connolly Oct 2016

Alongcoast Structure And Interannual Variability Of Seasonal Midshelf Water Properties And Velocity In The Northern California Current System, B. Hickey, S. Geier, N. Kachel, S. Ramp, P. Kosro, Thomas Connolly

Faculty Publications

Moored sensors were maintained for ∼5 years on the northern California Current System (CCS) midshelf. The alongcoast sensor array spanned the area of influence of the plume from the Columbia River, several submarine canyons, as well as a coastal promontory where the equatorward coastal jet frequently separates from the shelf. Upwelling-favorable wind stress magnitude decreases poleward by more than a factor of three over the latitudinal range and shelf width varies by a factor of two. In spite of the alongcoast structure in setting, both seasonal and interannual patterns in subsurface layer water properties were remarkably similar at all sites. …


Kepler K2 Observations Of Sco X-1: Orbital Modulations And Correlations With Fermi Gbm And Maxi, Robert I. Hynes, Bradley E. Schaefer, Zachary A. Baum, Ching Cheng Hsu, Michael L. Cherry, Simone Scaringi Jul 2016

Kepler K2 Observations Of Sco X-1: Orbital Modulations And Correlations With Fermi Gbm And Maxi, Robert I. Hynes, Bradley E. Schaefer, Zachary A. Baum, Ching Cheng Hsu, Michael L. Cherry, Simone Scaringi

Faculty Publications

We present a multi-wavelength study of the low-mass X-ray binary Sco X-1 using Kepler K2 optical data and Fermi GBM and MAXI X-ray data. We recover a clear sinusoidal orbital modulation from the Kepler data. Optical fluxes are distributed bimodally around the mean orbital light curve, with both high and low states showing the same modulation. The high state is broadly consistent with the flaring branch of the Z-diagram and the low state with the normal branch. We see both rapid optical flares and slower dips in the high state, and slow brightenings in the low state. High-state flares exhibit …


Centering Animals In Latin American History, Andrew Sluyter Jan 2016

Centering Animals In Latin American History, Andrew Sluyter

Faculty Publications

No abstract provided.


Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting Sharing, Licensing, And Attribution), Colleen Chien Jan 2016

Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting Sharing, Licensing, And Attribution), Colleen Chien

Faculty Publications

What do creators want? Jessica Silbey’s book, the Eureka Myth, distills the answers she received to this question over the course of interviews with more than fifty filmmakers, photographers, hardware and software engineers, business executives working with pharmaceutical, medical device, and telecommunications companies, and others. While many purport to speak for creators, Silbey’s subjects speak for themselves, through long excerpts that appear throughout the book. In this book review, I combine their insights with other historical and modern empirical accounts to carry out the thought experiment of what an intellectual property system keenly attuned to the needs of creators – …