Digital Commons Network^™

Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack

Faculty Publications

The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …

It Takes A Village: Investigating The Critical Role Clinical Faculty Play In Mathematics Teacher Education, Damon L. Bahr

Faculty Publications

The dispositions of preservice elementary education teachers toward reform-oriented mathematics education were surveyed before and after an extended pre-student teaching practicum. During the practicum, university and school-based personnel served a "clinical faculty" as they supported the preservice teachers' practicum experiences. The preservice teachers' perceptions of the clinical faculty's dispositions were also surveyed. Relationships between changes in the dispositions of the preservice teachers and their perceptions of the clinical faculty were discovered thus highlighting the important influence clinical faculty wield as mathematics teacher educators.

On The Primitives Of Causality: From The Semantics Of Agonist And Antagonist To Models Of Accident Causation And System Safety, Loïc Brevault, Francesca Favaro, Joseph Saleh

Faculty Publications

Controversial discussions on causality have been present in ancient philosophy since the days of Aristotle. Despite the use of this concept in numerous subjects, there is no consensus on the definition of causality and its possible mathematization. Many authors have analyzed the relation between causes and effects; the predominant school of thought reduces causation to a physical relation (either deterministic or probabilistic) between two events. The distinction between causes and consequences is not always clear and meaningful as different “layers of understanding” may be applied to the notion of causality. From this point of view the cause-effect implication relation can …

Consumer Behavior In “Equilibrium”: How Experiencing Physical Balance Increases Compromise Choice, Jeff Larson, Darron M. Billeter

Faculty Publications

The authors propose that the physical sensation of balance can affect consumer judgments and decisions. A series of six experiments demonstrates that certain consumer behaviors, such as leaning back in a chair while shopping online, can activate the concept of balance and thereby affect the consumer decision-making process. Specifically, consumers experiencing a heightened sense of balance are more likely to choose compromise options. The authors propose and show evidence for the mechanism underlying these effects: that the concept of balance is metaphorically linked in the mind to the concept of parity and that activating balance increases the accessibility of the …

Summer Of Shrew, Part 2: Tamed? Really?, Daniel Pollack-Pelzner

Faculty Publications

In the second of a four-part series on Shakespeare's The Taming of the Shrew, Daniel Pollack-Pelzner argues that Shakespeare’s play raises challenging questions about the way we define gender roles, and the answers aren’t as obvious as they might seem.

Linguistic Constraints On Children's Overt Marking Of Be By Dialect And Age, Joseph Roy, Janna B. Oetting, Christy Wynn Moland

Faculty Publications

Purpose: Overt marking of BE in nonmainstream adult dialects of English is influenced by a number of linguistic constraints, including the structure's person, number, tense, contractibility, and grammatical function. In the current study, the authors examined the effects of these constraints on overt marking of BE in children as a function of their nonmainstream English dialect and age. Method: The data were language samples from 62 children, ages 4-6 years; 24 children spoke African American English (AAE), and 38 spoke Southern White English (SWE). Analyses included analysis of variance and logistic regression. Results: Rates of overt marking varied by the …

Ellen Wh Ite, Ordination, And Authority, Jerry Moon

Faculty Publications

The purpose of this paper is to show that the same pattern of authority that gives order to the universe is also reflected in the divinely designed structure for both church and society on earth. In order to uphold the truth as it is in Jesus, the church must structure its delegation of ministerial authority in harmony with the Creator’s original design. .

The Transformative Potential Of Boundary Spanners: A Narrative Inquiry Into Preservice Teacher Education And Professional Development In An Nclb-Impacted Context, David Whitenack, Patricia Swanson

Faculty Publications

This narrative inquiry uses pedagogic discourse theory and organization theory to frame pre-service teacher education and in-service professional development initiatives in a school district facing tensions related to the No Child Left Behind Act of 2001. Implications for similar future initiatives are considered.

All In The Junkab'al: The House In Q'Eqchi' Society, Ashley Kistler

Faculty Publications

Recent studies examine how individuals create kinship through economic transactions, ritual, and religion. This paper explores how Q’eqchi’ women in San Juan Chamelco, Guatemala generate the logics of kinship through marketing. In Chamelco, the Q’eqchi’ construct kinship through the local category of the junkab’al, ‘family’, literally ‘one home’. Members of Q’eqchi’ junkab’als create the substance of kinship through shared residence and participation in daily life. Chamelco’s women use marketing to establish kinship, incorporating market employees into their junkab’als. Since market positions have been passed down in junkab’als for generations and constitute the family estate, market women seek heirs to perpetuate …

Toward A Theology Of Beauty, Jo Ann Davidson

Faculty Publications

The natural world exhibits God’s artistic nature. Though God designed and appointed the great beauty of both the desert sanctuary and the Jerusalem temple, He insists that the exquisite lily from His own hand is still more beautiful than the greatest artistic manifestation from Solomon’s time (Luke 12:27). Thus it is not surprising that both the Old and New Testaments include rejoicing over the beauty of the created world. The poetic Psalter, along with many biblical books, brim with praise for the Creator and His creation. Accordingly, we are instructed that the study of the natural world can aid in …

The Effects Of Practice On The Concurrent Performance Of A Speech And Postural Task In Persons With Parkinson Disease And Healthy Controls, K. Bo Foreman, Stuart Sondrup, Christopher Dromey, Eon Jarvis, Shawn Nissen, Leland E. Dibble

Faculty Publications

Purpose. Persons with Parkinson disease (PD) demonstrate deficits in motor learning as well as bidirectional interference (the performance of one task concurrently interferes with the performance of another task) during dual-task performance. Few studies have examined the practice dosages necessary for behavioral change in rehabilitation relevant tasks. Therefore, to compare the effects of age and PD on motor learning during dual-task performance, this pilot study examined persons with PD as well as neurologically healthy participants during concurrent performance of postural and speaking tasks. Methods. Seven persons with PD and 7 healthy age-matched and 10 healthy young control subjects …

Cultural Aspects Of Latino Early Childhood Obesity, Lauren Clark, Susan L. Johnson, Mary E. O'Connor, Jane H. Lassetter

Faculty Publications

The problem of Latino childhood obesity is well known, and experts agree that the sooner it is addressed in a child’s life, the better. Strong evidence from nationwide studies suggests that obesity begins in infancy for Mexican Americans. National data demonstrate the dramatic increase in weight-for-recumbent length above the 95th percentile (using the NCHS growth chart) among Mexican American children between National Health and Nutrition Examination Survey (NHANES) and the Third National Health and Nutrition Examination Survey (NHANES III) (Ogden et al., 2006). High rates of childhood obesity affect the long-term health potential of children, since childhood obesity tracks into …

A Biliteracy Dialogue Approach To One-On-One Writing Instruction With Bilingual, Mexican, Immigrant Writers, W. Jason Stegemoller

Faculty Publications

This interpretive study explores the writing and writing experiences of 2 bilingual, Mexican, immigrant undergraduates at a US university. Hornberger and Skilton-Sylvester’s (2003) continua model of biliteracy situates writing interactions to understand how students explore and draw on their bilingual and bicultural resources as they develop academic writing in English in the university. Data include questionnaires, literacy history interview-conversations, text-based conversations, student writing, course syllabi, and assignment sheets. Biliteracy dialogues demonstrate how students approached writing. The 1st student, Diego, focused on negotiating what he perceived as appropriate to include in his writing, while the 2nd student, Nicolas, connected to academic …

Language Choice Motivations In A Bribri Community In Costa Rica, Janet Blackwood

Faculty Publications

A growing body of research has been undertaken in a variety of contexts worldwide to explore language preference and use as well as the attitudes and beliefs that may impact the maintenance and revitalization of endangered languages. There has also been considerable examination of the motivations that impact second language learning and the choices speakers make regarding second language learning and use. However this research has rarely extended to exploring the motivations influencing language choices in contexts where one of the languages is an endangered mother‐tongue language. Analyzing a portion of the data gathered from a larger study on language …

Context-Driven Image Annotation Using Imagenet, George E. Noel, Gilbert L. Peterson

Faculty Publications

Image annotation research has demonstrated success on test data for focused domains. Unfortunately, extending these techniques to the broader topics found in real world data often results in poor performance. This paper proposes a novel approach that leverages WordNet and ImageNet capabilities to annotate images based on local text and image features. Signatures generated from ImageNet images based on WordNet synonymous sets are compared using Earth Mover's Distance against the query image and used to rank order surrounding words by relevancy. The results demonstrate effective image annotation, producing higher accuracy and improved specificity over the ALIPR image annotation system. Abstract …

Understanding Ells At Different English Proficiency Levels In Dual Language Programs, Kathryn Lindholm-Leary

Faculty Publications

The purpose of this research is to examine the language proficiency and reading achievement of a diverse group of 1045 grade 4-8 ELL students enrolled in a dual language program. These students differed in background factors (parent education, SES), dual language program model (90:10, 50:50), and English language proficiency level (Begin/Early Intermediate, Intermediate, Advanced, reclassified Fluent English Proficient). Results show that there are significant effects due to language proficiency group, parent education, SES, and program model on student outcomes - English language proficiency, Spanish reading, and English reading achievement at program entry, grade 3 and current grade. Results are discussed …

Improving Principal Quality For Schools With English Learners: Reculturing Instructional Leadership [Aera Paper], Noni Reis, Barbara Flores

Faculty Publications

In this paper we draw attention to the importance of school leadership on the academic achievement of English Learners. Furthermore, we suggest that school leaders can play a key role in advocating for equitable policies that will improve the academic achievement of English learners. For within-school factors related to student achievement, school leadership quality is second only to the effects of the quality of curriculum and teacher’s instruction (Heck & Leathwood, 2000; Leithwood and Riehl, 2003). The literature reports, however, that the influence of school leadership on student learning is not so evident in low-performing schools (Riordan, 2003). Furthermore, studies …

Evaluating The Grammars Of Children Who Speak Nonmainstream Dialects Of English, Janna B. Oetting, Ryan Lee, Karmen L. Porter

Faculty Publications

In this article, we review three responses to the study and evaluation of grammar in children who speak nonmainstream dialects of English. Then we introduce a fourth, system-based response that views nonmainstream dialects of English, such as African American English (AAE) and Southern White English (SWE) as made up of dialect-specific and dialect-universal features. To illustrate the usefulness of a system-based approach and to distinguish our two terms from others in the dialect literature, we present AAE and SWE relative clause data from two previously published studies. Following this, we present new findings from AAE- and SWE-speaking children's use of …

Book Review Of A Cultural History Of Cuba During The Us Occupation, 1898-1902 By Marial Utset (U Of North Carolina Press) 'Almanacs, Street Names, And Symbolic Gestures: Producing The Cuban Nation In Daily Life', Shannon Rose Riley

Faculty Publications

No abstract provided.

The Twin Aims Of Erie, Michael S. Green

Faculty Publications

We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article offers a reading of the twin aims and a systematic analysis of their proper role in federal and state court. I argue that the twin aims apply in diversity cases not because they protect state interests, but because they serve the federal purposes standing behind the diversity statute. So understood, they are about separation of powers, not federalism. …

Phoebe: Was She An Early Church Leader?, Darius Jankiewicz

Faculty Publications

The role of Phoebe in early Christianity has been hotly debated throughout the centuries, ranging from views suggesting that her ministry was nothing more than that of a helper (or patron) of the apostolic task, to those ascribing to her a significant ministerial role. As we shall see, this debate often influenced the biblical translations of the Greek words used by Paul to describe the ministry of this remarkable woman. In this article, I will focus on three aspects of Phoebe’s ministry that flow from the text of Romans 16:1, 2: her ministry as a diakonos; her role …

A Social History Of Technology In Libraries, Richard Hacken

Faculty Publications

For the International Conference on Information Systems and Technologies in Tangier, Morocco, on March 22, 2013, I presented a social history of technology in libraries over the past 30 years. In addition I speculated what the future may bring socially and technologically, obviously from my perspective as a librarian.

Appendix 3: An Interlinear Comparison Of Six Chronologies Documenting Allegedly Iran-Sponsored Extraterritorial Attempted Killings, 1979-1996, Brian Champion, Lee Crowther

Faculty Publications

In "Appendix 3," we compare six of the sources cited in "Appendix 1." While many of our sources focus on a single event, each of the six we investigate here alleges Iranian state responsibility for a pattern of attempted killings outside Iran. Due to the larger scope of the six sources, we here refer to them as chronologies.

Science, Technology, And Catholic Identity In The Education Of Professionals, Keith Douglass Warner O.F.M., David S. Caudill

Faculty Publications

The reception of Ex corde ecclesiae has been uneven across the disciplines, with scant interest in distinctly Catholic pedagogies outside of the humanities. This essay argues that Catholic universities can distinguish themselves by how they present science and technology in their curriculum by drawing from the interdisciplinary field of “science, technology & society,” or STS. We argue that discussions about Catholic identity, science, and human values can and should extend into the curriculum while simultaneously safeguarding academic freedom, and that this can readily be done in professional schools, such as law and engineering. We outline the contributions that STS as …

Female-Only Classes In A Rural Context: Self-Concept, Achievement, And Discourse, Hope E. Wilson, Gloria J. Gresham Dr., Michelle Williams, Claudia Whitley, James G. Partin

Faculty Publications

Two middle schools in rural east Texas implemented an optional, single-sex program. Although previous studies have documented the effects of single-sex instruction, and recent educational innovations have focused on its benefits, little research has investigated its effects in rural contexts. This study found that for rural populations, patterns of discourse differ between female-only and coeducational classes, with all-female classes participating in higher levels of thinking and engaging in more discourse overall. However, girls in single-sex classes had significantly lower levels of general self-concept than girls in coeducational classes. There were no statistically significant differences in the achievement test scores between …

Resistance To Constitutional Theory: The Supreme Court, Constitutional Change, And The "Pragmatic Moment", B. Jessie Hill

Faculty Publications

This Article approaches the law-politics divide from a new angle. Drawing on the insights of literary theory, this Article argues that every act of interpretation, including constitutional interpretation, inevitably draws not only on text but also on context, and that the relevant context extends beyond both the written document and the historical context of its origination. This understanding derives from speech-act theory and from postmodern literary theory. As Paul de Man argues in his seminal essay, The Resistance to Theory, moreover, the act of interpretation always encompasses a “pragmatic moment” that undermines the effort to attain perfect theoretical coherence. Applying …

Occupational Engagement And Health In Older South Asian Immigrants, Sheama R. Krishnagiri, Erin Fuller, Lesley Ruda, Sadhna Diwan

Faculty Publications

The purpose of this study was to investigate the elements that shape how healthy active South Asian elder immigrants engage in daily activities to maintain their health. A descriptive grounded theory approach was employed using semi-structured interviews and a daily activity chart. Convenience sampling was used to recruit 12 South Asian elders, 7 males and 5 females, who immigrated after retirement to the South San Francisco Bay area. Open, axial, and selective coding of the transcribed data led to two broad themes, control and interdependence. These themes may be viewed as dynamic and interconnected forces that shape and determine the …

Integrated Or Isolated Experiences? Considering The Role Of Service-Learning In The Spanish Language Curriculum, Gabriel Ignacio Barreneche, Héctor Ramos-Flores

Faculty Publications

No abstract provided.

(Dis)Owning Religious Speech, B. Jessie Hill

Faculty Publications

To claims of a right to equal citizenship, one of the primary responses has long been to assert the right of private property. It is therefore troubling that, in two recent cases involving public displays of religious symbolism, the Supreme Court embraced property law and rhetoric when faced with the claims of minority religious speakers for inclusion and equality.

The first, Pleasant Grove City v. Summum, is a free speech case in which the defendant evaded a finding that it was discriminating against the plaintiff’s religious speech by claiming a government speech defense. In the process, it claimed as its …

Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord

Faculty Publications

At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.

This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …