Digital Commons Network^™

Solving The Cherry-Picking Problem In Legislative History Use – A Corpus-Based Approach For Empirical Intentionalist Legal Interpretation Analysis, Brett James Hashimoto, James Heilpern

Faculty Publications

The use of legislative histories under intentionalist/purposivist theories of statutory interpretation is frequently criticized because it can be easily biased (see, e.g., Scheppele, 2012). To date, corpus-based statutory interpretation has relied almost exclusively on textualist theory of legal interpretation. However, corpus linguistic methods are not necessarily bound to any one theory (e.g., Biber & Reppen, 2015). The present study analyses two legislative histories as corpora and compares them against a general corpus of English to determine if interpretative theory makes a meaningful difference in two example cases (Costello v. United States, 2012; Taniguchi v. Kan Saipan Pacific, 2012). Senses of …

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Faculty Publications

(Excerpt)

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues …

In Pursuit Of Sustainable Educational Development: The Philippines And The English Dilemma, Rosemary C. Salomone

Faculty Publications

The English language poses a dilemma in meeting the UN Sustainable Development Goals (SDGs), especially for education in countries with high multilingualism, high poverty and unequal schooling, such as the Philippines. This chapter considers Goal 1 (reducing poverty), Goal 4 (promoting educational quality) and Goal 10 (reducing inequalities) in relation to what has become an array of executive orders, regulations and laws that have shifted in the political winds, even as the judiciary has tried to navigate a measured course. It underscores how the primacy of English in the national consciousness, tied to global markets, undercuts multilingual policies based in …

Automatic Enrollment With A 12 Percent Default Contribution Rate, Josh Beshears, Ruofei Guo, David Laibson, Brigitte C. Madrian, James J. Choi

Faculty Publications

We study a retirement savings plan with a default contribution rate of 12 percent of income, which is much higher than previously studied defaults. Twenty-five percent of employees had not opted out of this default 12 months after hire; a literature review finds that the corresponding fraction in plans with lower defaults is approximately one-half. Because only contributions above 12 percent were matched by the employer, 12 percent was likely to be a suboptimal contribution rate for employees. Employees who remained at the 12 percent default contribution rate had average income that was approximately one-third lower than would be predicted …

Empowering L2 Learners: The Role Of Relational Empathy In L2 Learning, Gabriela Olivares-Cuhat, Giovanni Zimotti

Faculty Publications

In this article, we explore the relevance of the concept of relational empathy to L2 learning. To this end, we first provide a short overview of the notion of empathy in second language acquisition (SLA). Then, we present ideas that gave rise to the introduction of relational empathy in the field of intercultural communication, along with potential benefits of taking this perspective in SLA. Next, we describe the post-method framework for L2 teaching as a strategy that is both well-suited for the fostering of relational empathy and is facilitated by the exercise of this approach. Following this lead, we explain …

Human Or Ai? Using Digital Behavior To Verify Essay Authorship, David W. Wilson, Parker Burnett, Joseph S. Valacich, Jeffrey L. Jenkins

Faculty Publications

Large language models (LLMs) such as OpenAI's GPT-4 have transformed natural language processing with their ability to understand context and generate human-like text. This has led to considerable debate, especially in the education sector, where LLMs can enhance learning but also pose challenges to academic integrity. Detecting AIgenerated content (AIGC) is difficult, as existing methods struggle to keep pace with advancements in generation technology. This research proposes a novel approach to AIGC detection in short essays, using digital behavior capture and follow-up questioning to verify text authorship. We executed a controlled experiment as an initial evaluation to test the prototype …

Depersonalizing Troubles In Institutional Interaction: Routinizing In Parent-Teacher Conferences, Danielle M. Pillet-Shore

Faculty Publications

This article advances our understanding of institutional interaction by showing when and how it can be advantageous for professionals to treat addressed-recipients as non-unique. Examining how teachers talk about children-as-students during parent-teacher conferences, this investigation illuminates several specific interactional methods that teachers use to depersonalize the focal student’s trouble, delineating as among these the novel practice of “routinizing”—citing firsthand experience with other similar cases. Analysis demonstrates how teachers use routinizing to enact their expertise, both responsively as a vehicle for attenuating and credentialing their advice-giving to parents/caregivers, and proactively to preempt parent/caregiver resistance to their student-assessments/evaluations. This research …

Is Idaho English Really “The Epitome Of Average English”?, Joseph A. Stanley, Katrina Jackson

Faculty Publications

“Epitome of Average English”?

Preston (1989:64–65) chapter 3: “Where they speak correct English”

• Indianans ranked all 50 states’ English from most correct to least correct
• Mississippi’s ratings clustered low.
• Indiana’s ratings clustered high
• New York’s was bimodal.
• Florida’s was uniform.
• Idaho’s was normally distributed, centered around the middle.

“Idaho… [shows] a remarkably normal histogram… It is, apparently, the epitome of average English for these raters. Perhaps it is a least-caricatured state, meeting the negative definition of Standard English – the variety which displays no known non-standard elements.”

Teaching And Researching Revision: Introducing A Tool To Extract Edits From Word Documents, Matthew Baker, Jordan Smith, Scout A. Mcmillan

Faculty Publications

As instructors consider the technologies that will disrupt the future of business communication, writing tools enhanced by artificial intelligence (Al)-such as ChatGPT -are probably at the top of the list. Researchers have already begun proposing teaching strategies to overcome the challenges and embrace the opportunities of Al. For example, one study analyzed the performance of Al-generated business writing (AIAfnan, Dishari, Jovic, & Lomidze, 2023). Based on evaluations produced by human graders and plagiarism-detection software, the researchers recommended that business writing instructors use casebased assignments and adjust rubrics to more heavily weight content that Al fails at generating well (e.g., detailed …

Utahns Sound Utahn When They Avoid Sounding Utahn, Joseph A. Stanley

Faculty Publications

Today’s sociolinguistic variable: realization of post-tonic, unstressed /tən/ – e.g. mountain, button, kitten, satin – Hereafter, a Wellsesque inspirated label: MOUNTAIN – Three main variants:

1. [tʰɨn] • aspirated alveolar stop + reduced vowel + nasal • AmE citation form, formal, careful • Probably accessible by most speakers.

2. [ʔn̩] • glottal stop + syllabic nasal • AmE standard, casual, typical. • The most common for probably all speakers.

3. [ʔɨn] • glottal stop + reduced vowel + nasal • Non-mainstream: found in Utah, New York, and scattered elsewhere (Roberts 2006, Freeman et al. 2012, Eddington & Brown 2021, Davidson …

An Analysis Of Ukrainians’ Language Attitudes And Ideology: A Conflict-Catalyzed Identity Shift, Kateryna Kravchenko, Joseph A. Stanley

Faculty Publications

Literature Review:

• Positions of Russian language have traditionally been strong
• “The State has to ensure the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine” (Constitution of Ukraine, art. 10)
• The majority of Ukrainians (74%) have never experienced discrimination against Russian speakers by Ukrainian speakers, and 67% have never experienced discrimination against Ukrainian speakers by Russian speakers (Masenko, 2009, pp. 117-119).
• After 2014, slight changes in attitudes: more positive views towards Ukrainian, worsening of attitudes towards Russian (Kulyk, 2016)

Perceptions Of “Southern” Utah English, Chad Huckvale, Joseph A. Stanley

Faculty Publications

Utahns generally have negative perceptions of their own speech (Savage 2014, Eddington & Brown 2021, Stanley 2023).

Utahns are aware of certain features in their speech, namely pronunciation of “mountain” (Eddington & Savage 2012; Stanley & Vandiernet 2018; Eddington & Brown 2021, Stanley 2023).

Previous dialectology research (Lillie 1998; Eddington 2022; Stanley 2022) indicates that speech in some areas of Utah are described as “Southern”; this is generally found to differentiate urban vs. rural regions.

Sample Size Matters In Calculating Pillai Scores, Joseph A. Stanley, Betsy Sneller

Faculty Publications

Since their introduction to sociolinguistics by Hay, Warren, and Drager [(2006). J. Phon. (Modell. Sociophon. Var.) 34(4), 458–484], Pillai scores have become a standard metric for quantifying vowel overlap. However, there is no established threshold value for determining whether two vowels are merged, leading to conflicting ad hoc measures. Furthermore, as a parametric measure, Pillai scores are sensitive to sample size. In this paper, we use generated data from a simulated pair of underlyingly merged vowels to demonstrate (1) larger sample sizes yield reliably more accurate Pillai scores, (2) unequal group sizes across the two vowel classes are irrelevant in …

Sociophonetics And Dialectology, Dominic Watt, Margaret E. L. Renwick, Joseph A. Stanley

Faculty Publications

In this chapter we explore how the investigation of phonetic detail in speech seen through a sociolinguistic lens can inform and enhance our understanding of dialectal variation in languages. We begin by examining how sociophonetics can be considered an offshoot of dialectology, later to mature into a free- standing discipline during the late twentieth century. We next discuss the reconvergence of sociophonetics and dialectology as it became clearer that the two approaches to the study of language variation are, in combination, greater than the sum of their parts, even if their agendas may place different emphases on what should be …

Does Text Entry Method Make A Difference On Chinese Writing Test Scores?, Dana Scott Bourgerie, Troy L. Cox, Steven L. Riep

Faculty Publications

Should the writing construct be assessed through handwriting or keyboarding? As the only major language entirely without a syllabary or alphabet, the Chinese writing system is unique among modern languages, thus the question of writing proficiency is complicated by character recall. Most of the testing research comparing text entry methods has been conducted in English and has found that keyboarding and handwriting can be used interchangeably. This paper reports the outcome of a study comparing the results of handwritten and typed versions of the Chinese ACTFL Writing Proficiency Test (WPT). L2 Chinese students (n=25) with Intermediate to Superior speaking skills …

“What Is A Wave But 1000 Drops Working Together?”: The Role Of Public Libraries In Addressing Lgbtqia+ Health Information Disparities, Vanessa Kitzie, Alexander N. Vera, Valerie Lookingbill, Travis L. Wagner

Faculty Publications

This paper presents results from a participatory action research study with 46 LGBTQIA+ community leaders and 60 library workers who participated in four community forums at public libraries across the US. The forums identified barriers to LGBTQIA+ communities addressing their health questions and concerns and explored strategies for public libraries to tackle them. Forums followed the World Café format to facilitate collaborative knowledge development and promote participant-led change. Data sources included collaborative notes taken by participants and observational researcher notes. Results revealed that barriers experienced by LGBTQIA+ communities are structurally and socially entrenched and require systematic changes. Public libraries must …

Qualitative Oral-Presentation Feedback: Comparisons From Business Professionals, Instructors, And Student Peers, Matt Baker, William H. Baker

Faculty Publications

Previous studies compare quantitative feedback ratings of student peers and instructors, but new presentation-feedback technologies enable qualitative-feedback comparison. This study extends previous research by comparing qualitative feedback and business professionals’ feedback. Compared to the professionals, the instructors provided similar feedback types and sentiment; students, however, de-emphasized message delivery and made fewer suggestions for improvement. The results suggest that students may need additional practice in critiquing message delivery and in suggesting needed improvements in their peers’ oral presentations. The study also provides a methodology using the new technologies for instructors to calibrate their own and their students’ feedback with professionals’ feedback.

Pattern-Based Target Selection For Treatment Of Irregular Past Tense: A Single-Case Experimental Design For Children With Developmental Language Disorder, Kirsten M. Russell, Amy Wilder, Julie L. Wambaugh

Faculty Publications

Purpose: Many children with developmental language disorder (DLD) demonstrate
difficulty inflecting irregular past tense verbs. We evaluated using phonological-
based patterns (i.e., schemas) to select targets for treatment of irregular verb inflection for children with DLD. We hypothesized this approach would result in acquisition of treated verbs, generalization to untreated verbs within the same phonological schema, and increased use of correct irregular verbs in naturalistic contexts. Method: Treatment was provided to three 7-year-old participants with DLD in the context of multiple baseline designs across behaviors and participants. Phonological schemas included vowel change, final alveolar, and dual change irregular verbs. Treatment …

The Pure Language Project, Dan Belnap, Michael Mackay

Faculty Publications

In the summer of 1835, Joseph Smith and his associates purchased four mummies and some papyri scrolls from Michael Chandler.1 That summer Joseph would participate in a project that would produce a fascinating set of texts, referred to today as the Egyptian Language Documents (ELD), used and compiled mostly in Kirtland, but also consulted and expanded in Nauvoo.2 These documents, which include three incomplete variants of what was called an “alphabet” as well as an incomplete “grammar,” integrated a series of characters with explanations.

Perceptual Ratings Of Pronunciation For L2 Learners Of English As A Function Of Task Type, Word Position, And Listener Expertise, Shawn L. Nissen, Rachel Kemmey, K. James Hartshorn

Faculty Publications

Abstract Second language (L2) learners of English must learn to pro-duce English phonemes, words, and sentences. These L2learners make many errors when learning English; they may change the place or manner of articulation, insert vowels, or delete consonants. Obstruent sounds, such as fricatives, affricates, and stops, can be especially difficult for L2 learners. This study analyzed native English speakers’ perception of the quality of obstruents produced by native Mandarin Chinese and Korean speakers. Target words containing obstruents had been produced in three different tasks: in a carrier phrase, in a paragraph, and in a spontaneous speechsample. Obstruents were produced in …

Evaluation Of A Complexity-Based Morphosyntactic Treatment For Children With Language Disorders Of Mixed Etiologies, Kirsten M. Russell

Faculty Publications

Language disorder is characterized by difficulty with the comprehension and production of different aspects of language. School-aged children with developmental language disorder (DLD) and school-aged children with Down syndrome (DS) demonstrate similar deficits in the area of morphosyntax, which often creates barriers during social interactions and for academic learning. Although affected children may receive intervention, progress can be slow. Selecting appropriate treatment targets is critical for effective intervention. Traditional approaches for selecting treatment targets are based on developmental readiness (i.e., developmental) or functional need (i.e., remedial). However, intervention utilizing targets selected by these methods produce only modest results, despite a …

Managers’ Use Of Humor On Public Earnings Conference Calls, Andrew C. Call, Rachel W> Flam, Joshua A. Lee, Nathan Y. Sharp

Faculty Publications

Despite the prevalence and importance of humor in interpersonal communication, the disclosure literature is silent on the use of humor in the context of corporate communication. Using a sophisticated machine learning algorithm, we identify managers’ successful uses of humor during public earnings conference calls. When managers use humor on an earnings call, stock market returns and analyst forecast revisions following the call are more positive, primarily because of a muted response to negative earnings news. Consistent with managers’ successful use of humor being a favorable signal of future firm performance, we find no evidence of a return reversal over the …

Humanizing Corporate Governance, Caleb N. Griffin

Faculty Publications

American corporate governance evolved in a different era, for a type of investor who is no longer typical today. Roughly half of Americans own investment funds, but legal and structural impediments prevent these “human investors” from fully participating in corporate democracy.

One response—“so what?”—is based on the assumption that investors are rationally apathetic. Most investors have so little at stake, the argument goes, that it is economically irrational for them to vote in corporate elections. What this argument misses is that investors’ rational apathy is not fixed. Instead, it is a function of the costs and benefits of voting. If …

Global South Research Collaboration: A Comparative Perspective, Abdoulaye Gueye, Edward Choi, Carolina Guzmán-Valenzuela, Gustavo Gregorutti

Faculty Publications

Research collaboration has become a major research topic in the social sciences. While this literature has mainly focused on collaborative dynamics in the Global North, more recent studies have examined these dynamics within the Global South. This article expands the scope of analysis by comparing the level of co-publications by Global South-based scholars with Global South-based colleagues and that between academics at Global South institutions and researchers in Global North universities. It shows that academic partnerships within the Global South are less common than instances of collaboration between the Global South and Global North. The relatively weak Global South collaborative …

Schoolhouse Rock! Rules: Orthodoxies And Unorthodoxies In Congressional Procedure, John Cannan

Faculty Publications

Is the Schoolhouse Rock! cartoon version of the conventional legislative process really dead? According to some legal academics, traditional Congressional procedures, documented in the cartoon I’m Just a Bill, have been replaced by unorthodox lawmaking—frequent and significant procedural legislative deviations. In actuality, the iconic cartoon and the traditional process are not ready for the grave just yet.

This paper documents the many nuances in orthodox and unorthodox lawmaking by reviewing over 1,500 laws passed between the 111th to116th Congresses and the information sources produced for each to evaluate how pervasive unorthodox law-making really is. The results show the true balance …

The Evaluation Of A Clinical Decision Support Tool Using Natural Language Processing To Screen Hospitalized Adults For Unhealthy Substance Use: Protocol For A Quasi-Experimental Design, Cara Joyce, Talar W. Markossian, Jenna Nikolaides, Elisabeth Ramsey, Hale M. Thompson, Juan C. Rojas, Brihat Sharma, Dmitriy Dligach, Madeline K. Oguss, Richard S. Cooper, Majid Afshar

Faculty Publications

Background: Automated and data-driven methods for screening using natural language processing (NLP) and machine learning may replace resource-intensive manual approaches in the usual care of patients hospitalized with conditions related to unhealthy substance use. The rigorous evaluation of tools that use artificial intelligence (AI) is necessary to demonstrate effectiveness before system-wide implementation. An NLP tool to use routinely collected data in the electronic health record was previously validated for diagnostic accuracy in a retrospective study for screening unhealthy substance use. Our next step is a noninferiority design incorporated into a research protocol for clinical implementation with prospective evaluation of clinical …

Profile Of A Comparative And International Education Leader: Marco Aurelio Navarro-Leal, Gus Gregorutti

Faculty Publications

This article is a biographical sketch of Professor Marco Aurelio Navarro-Leal, and includes reflections from his upbringing, education, and contributions in comparative and international education (CIE). Marco has been a key player in establishing the Mexican Comparative Education Society (SOMEC), advancing the CIE field with the involvement of local and international scholars dedicated to improving not only Mexican education, but also education within the entire Latin American region. He has also been actively involved in the global expansion of CIE through his leadership in such organizations as the World Council of Comparative Education Societies (WCCES). This article is based on …

In Search Of Time To Bring The Message On Social Media: Effects Of Temporal Targeting And Weather On Digital Consumers, Gunwoo Yoon, Cong Li, John Juyoung Choi

Faculty Publications

Marketers always incline to deliver advertising messages to the right consumer at the right time. Yet, the question of when exactly should such a persuasive message be sent to a consumer remains elusive in the existing literature. The current study aims to address this research question within the theoretical framework of contextual marketing. The authors argue that contextual information such as time and weather can be used to design more effective mobile advertising campaigns on social media. The results of a field experiment in cooperation with a local restaurant suggest that ads delivered at consumers’ pre-decision stage (i.e., non-meal time) …

Multiscale Analysis Of Cancer Service Areas In The United States, Changzhen Wang, Tracy Onega, Fahui Wang

Faculty Publications

The purpose of delineating Cancer Service Areas (CSAs) is to define a reliable unit of analysis, more meaningful than geopolitical units such as states and counties, for examining geographic variations of the cancer care markets using geographic information systems (GIS). This study aims to provide a multiscale analysis of the U.S. cancer care markets based on the 2014–2015 Medicare claims of cancer-directed surgery, chemotherapy, and radiation. The CSAs are delineated by a scale-flexible network community detection algorithm automated in GIS so that the patient flows are maximized within CSAs and minimized between them. The multiscale CSAs include those comparable in …

Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl

Faculty Publications

This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …