Digital Commons Network^™

Choosing To Use Good Language In The "Adr" Field, John Lande

Faculty Publications

On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.

Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and …

Historical Practice At The Founding, Ryan Snyder

Faculty Publications

In recent years, the Supreme Court has increasingly relied on historical practice—actions other than judicial decisions that implement the law after its adoption. That creates tension with the Court’s professed adherence to originalism—the view that a law’s meaning is fixed at the time of its adoption. To resolve this tension, the Court and many scholars have embraced theories such as “liquidation,” which argue that the Founders themselves used practice to update or change the law’s meaning over time. But until now, no one has systematically examined whether the Founders accepted those theories.

This Article provides the first comprehensive analysis of …

Mini Worldlit: A Dataset Of Contemporary Fiction From 13 Countries, Nine Languages, And Five Continents, Andrew Piper, Mathias Iroro Orhero, David Bamman, Emrah Peksoy, Christina Han, Pallavi Rastogi, Jens Bjerring-Hansen, Sebastian Rasmussen, Hoyt Long, Roel Smeets, Itay Marienberg-Milikowsky, Alexandra Stuart, Tom Mcenaney, Mads Rosendahl Thomsen

Faculty Publications

World literature plays a key role in understanding the global diversity of human storytelling. However, datasets suitable for large-scale cross-cultural analysis remain limited. Responding to the increasing digitization of literary texts and the need for more diverse and multilingual resources, we introduce Mini Worldlit, a manually curated dataset of 1,192 works of contemporary fiction from 13 countries, representing nine languages across five continents. Mini Worldlit employs consistent cross-cultural selection criteria, overseen by scholarly experts, to ensure geographic, linguistic, and stylistic coherence. The dataset provides a foundation for future comparative studies of global literary cultures, offering a template for cross-cultural sampling. …

The Work Of An Hour: A Case Study Of Propaganda, Michael F. Russo

Faculty Publications

This research paper discusses the messaging of United States President George W. Bush and his administration regarding the U.S. led invasion of Iraq. Transcripts of presidential communications, national news programs, and public opinion polls from 2001-03 were analyzed to identify patterns in these communications. This review demonstrated techniques similar to those used in historical propaganda campaigns to sway public opinion. The introduction and repetition of key terminology from the government was followed by magnification by television news programs. These messages were broadcast despite lack of evidence of Iraq’s involvement with the 9/11 attacks or their possession of weapons of mass …

Service Trade Dress: Demystifying The Tertium Quid, Dustin Marlan

Faculty Publications

Trademarks are often brand names or logos. Yet other marks involve the overall appearance of a product or business — a concept called “trade dress.” Courts and scholars have long struggled with how to determine whether trade dress is distinctive enough to function as a legally protectable trademark. In attempting to clarify this murky area, Justice Scalia articulated three types of trade dress in Wal-Mart Stores, Inc. v. Samara Brothers, Inc. These include (i) product packaging (e.g., a candy wrapper) and (ii) product design (e.g., an iPhone’s unique shape). The trouble lies in understanding the third category — what …

Complementary Pre-Lateral Mergers Across Ethnicities And Generations In Georgia, Margaret E. L. Renwick, Jon Forrest, Joseph A. Stanley, Lelia Glass

Faculty Publications

No abstract provided.

The Forms Of Representation: How To Be A Kantian Realist, Willem A. Devries

Faculty Publications

Sellars argued that Kant did not make certain distinctions concerning space and time, and because of this adopted his transcendental idealism. Once these distinctions are made, the path to realism remains open. Sellars' argument is not entirely clear. This essay attempts to clarify the argument, showing why Sellars believed he could remain a scientific realist while also adopting a Kantian style epistemology.

Variation In Early 20th Century Rural Utah English, Joseph A. Stanley, Hallie Davidson

Faculty Publications

Utah English Pronunciation

Early 20th Century Utah English:

• Early work (Cook 1969, Helquist 1970) compares rural Utah to Salt Lake City.
• Bowie (2003, 2008, etc.) analyzes archival recordings of religious sermons.
• Primary focus in those studies: the decline of the CORD-CARD merger.

Introducing the Kohler Tapes

Background:

• Norm Kohler, a middle school teacher in Heber in 1980s–2000s.
• He had students to interview a local older person, like a grandparent.
• He provided questions to ask, akin to sociolinguistic interviews.
• Collected 1200+ cassette tapes.
• Intended to write a history based on these oral narratives.

Processing:

• Digitized in 2021 at BYU’s Office of …

Queers, Closets, And Corporate Governance, Darren Rosenblum

Faculty Publications

The past few years have seen several corporate diversity initiatives that include Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) people. In 2020, Nasdaq, the world’s second-largest stock exchange, and California, the largest state, both adopted rules to encourage board diversity for underrepresented groups, including LGBTQ+ people. Since that time, the Los Angeles Superior Court struck down California’s law, the Fifth Circuit invalidated Nasdaq’s rule, and the Trump administration initiated a slew of anti-Diversity Equity and Inclusion (DEI) and anti-LGBTQ+ measures. In the context of this sharp ideological turn, this Article attempts to step back and tackle a larger question: how can …

How Overcoming Linguistic Discrimination Benefits The World, Joseph A. Stanley, Lisa Morgan Johnson, Eve Okura Koller, Vashti Wai Yu Lee, Hallie Davidson, Valeria Prieto Hurtado, Sam Keddington, Hazel Mattson, Abigail Mueller, Sydney Jo Pederson, Maryn Perschon, Reese Rugg, Eliza Whiting

Faculty Publications

What is linguistic discrimination?

• Restricting access or opportunities based on speech (e.g., accent, pronunciation, grammatical system, tone or pitch)
• One of the last socially acceptable discriminatory practices in the international community
• A source of injustice that impacts many of God’s children every day

Linguistic discrimination is real! Here’s what it looks like…

In Healthcare:

• More questions about insurance coverage; later appointments (Wisniewski and Walker 2020)
• Lower access to mental health services (Kugelmass 2016)
• More referrals for speech therapy (Charity Hudley et. al. 2018)

In Education:

• Students receiving negative judgments from teachers (Bowie & Bond 1994; Cecil 1988; Wheeler 2019)
• Teachers …

Investing In The Development Of The Next Generation Of Mch Leaders, Karen A. Mcdonnell, Jamal Percy, Lisa Anders, Monique J. Brown Ph.D., Mph, Alice R. Richman, Julianna Deardorff, Monica S. Ruiz, Jihong Liu Sc.D., Kelli Russell, Audrey Snyder, Cassondra Marshall

Faculty Publications

The public health landscape is constantly evolving to address the strengths and needs of the community. Training for the public health workforce is leading the way, establishing an ecosystem approach that integrates individuals within social, political, and environmental contexts to promote health equity within a framework of social justice. One area of public health that is innovatively preparing the next generation of leaders is maternal and child health (MCH). In the United States, key indicators of health disparities within MCH remain stagnant, highlighting the need for training programs that develop future MCH professionals from diverse backgrounds. These professionals will deliver …

Cultivating Plain Language Skills For Engineering Students, Catherine Wong, Cynthia Carlson

Faculty Publications

While engineers are learning the vocabulary of the profession, understandably, they want to practice, and perhaps show their professors that they are proficient. This leads to student writing that is overly complicated and full of jargon. This is not the type of document that would be clear to the public, or even to a professional outside of the narrowly focused field of the particular engineer. After graduation, engineers’ writing becomes exponentially more important. Often approval of projects relies on residents’ or clients’ understanding of engineers’ work. For example, an engineering firm completing an investigation of an important health concern such …

Understanding The Mechanisms Of Interpretative Change, Aaron-Andrew P. Bruhl

Faculty Publications

Interpretive methodology changes over time, and we appear to be in a period of particular ferment. In federal statutory interpretation, which is the focus of this Article, several important changes in interpretive methods have occurred in recent decades or are underway. There has been a gradual, decades-long shift away from intentionalist tools like legislative history. In addition, as the culmination of a series of smaller steps, the Supreme Court has just reshaped the doctrine governing deference to agency interpretations, a move that will require years of further clarification. And, although this shift is still taking shape, it appears that some …

Family Roots And Research Journal Unm Emeritus Professor José A. Rivera, José A. Rivera Ph.D

Faculty Publications

This article is an abbreviated life narrative of UNM Emeritus Professor of Community and Regional Planning, José A. Rivera. It begins with highlights of his family ancestry and continues with an account of his educational experiences K-12 and into a decade of university life as a student while earning a bachelor’s, two master’s and a doctorate. He taught at UNM for 35 years while also conducting research in his areas of interest, mostly in community irrigation studies, mutual aid societies, and rural development. The main body in the article focuses on positions he held at UNM and on publications that …

Categorical Perception Of The Index Finger As An American Sign Language Phonological Construct, Lareina Hingson, Jeffrey Jack Green, Brooklyn Lorenc

Faculty Publications

In American Sign Language, specific handshapes found in the manual alphabet and/or numbering system (such as the pointed index finger—the number “1”—and its bent counterpart—the letter “x”) are assumed to be phonologically distinct under the rationale that bentness of the finger(s) constitutes a phonemic distinctive feature. This study investigates this notion, building on previous behavioral studies of American Sign Language categorical perception of bentness of the index finger. We examined varying levels of bentness between 180◦ and 90◦ using a scale ranging from the signs BLACK and SUMMER in the standard dialect. Experiment 1 found that when presented with all …

Testing The Effect Of Speaker Diarization And Speech Separation On Vowel Formant Estimates, Joseph A. Stanley, Lisa Morgan Johnson, Earl Kjar Brown

Faculty Publications

No abstract provided.

Business Communication And Editing Students’ Evaluations Of Written Error: An Eye-Tracking Study, Matt Baker, Grant Eck, Ana Barraza, Benjamin Duffield

Faculty Publications

Using eye-tracking and interview methods, this study investigates how business communication students and editing students attend to and evaluate writing. Participants reviewed blog posts embedded with errors and judged publication readiness. While both groups visually fixated longer on errors than non-errors, business communication students were more likely to approve error-containing texts for publication. Qualitative data revealed that business communication students prioritized content while editing students prioritized surface-level issues. These findings suggest that disciplinary background informs evaluative standards, even when error-detection behavior is similar. The results carry implications for instruction in business writing and editing, especially concerning collaborative, cross-disciplinary workplace writing.

Redesigning Executive Incentives: The Rising Role Of Subjective Performance Measures, Zackery D. Fox

Faculty Publications

Despite the growing use of subjective performance incentives used in executive bonuses, empirical evidence on their effectiveness remains inconclusive. This study explores three aspects of subjective metrics in bonus plan design: their prevalence, the goals they target, and their impact on managerial behavior and firm outcomes. First, I document 53.8 percent of CEO bonus plans include at least one subjective performance measure, and among these plans, an average of 38.9 percent of total bonus weight is allocated to these measures. Using machine learning, I show subjective metrics target incentives related to employees, firm culture, and executive performance. Second, using the …

Dr. Eric Angel Ramos - A Shooting Star That Inspired Marine Mammalogists And Beyond (1987 – 2024), Laura J. May-Collado, Jeremy J. Kiszka, Nataly Castelblanco-Martínez, Beth Brady, G. Rieucau, Daniel Gonzalez-Socoloske, Renata Sousa-Lima, Diana Reiss, Macelo Magnasco, Roderic Mast, Wayne Sentman, Joy S. Reidenberg

Faculty Publications

No abstract provided.

Is There A Future For The Missiological Study Of Worldview?, Paulo Oliveira

Faculty Publications

No abstract provided.

Generative Ai Applied To Aac For Aphasia: A Pilot Study Of Aphasia-Gpt, Dallin J. Bailey, Francesca Herget, Derek Hansen, Forrest Burton, Grant Pitt, Tyson Harmon, David Wingate

Faculty Publications

Background

People with aphasia may be supported by augmentative and alternative communication systems, but further development is necessary to improve the communication support such systems provide. Advances in artificial intelligence methods of natural language processing may provide improved support for people with aphasia, but development and testing involving people with aphasia is critical.

Aims

The purpose of the study is to describe the development and pilot testing of a new AAC system for people with aphasia, a mobile web app named Aphasia-GPT.

Methods & Procedures

Aphasia-GPT is specifically designed to receive spoken input from a user with aphasia; it then …

Verbal Working Memory And Syntactic Comprehension Segregate Into The Dorsal And Ventral Streams, Respectively, William Matchin, Zeinab K. Mollasaraei, Leonardo Bonilha, Chris Rorden, Gregory Hickok, Dirk Den Ouden, Julius Fridriksson Ph.D.

Faculty Publications

Syntactic processing and verbal working memory are both essential components to sentence comprehension. Nonetheless, the separability of these systems in the brain remains unclear. To address this issue, we performed causal-inference analyses based on lesion and connectome network mapping using MRI and behavioural testing in two groups of individuals with chronic post-stroke aphasia. We employed a rhyme judgement task with heavy working memory load without articulatory confounds, controlling for the overall ability to match auditory words to pictures and to perform a metalinguistic rhyme judgement, isolating the effect of working memory load (103 individuals). We assessed non-canonical sentence comprehension, isolating …

The Impacts Of Co-Occurring Developmental Language Disorder On The Academic, Interpersonal, And Behavioral Profiles Of Children With Adhd, Kirsten M. Hannig Russell, Sean M. Redmond

Faculty Publications

Purpose: Attention-deficit/hyperactivity disorder (ADHD) is a multifactorial disorder that has been linked to increased risk for behavioral, academic, and interpersonal problems. Developmental language disorder (DLD) has also been linked to poor outcomes in these areas. The presence of co-occurring disorders in children’s profiles is generally associated with poorer outcomes relative to profiles consisting of only one disorder. This study investigated the extent to which co-occurring DLD in children already identified with ADHD presented increased risk for severity of their primary ADHD symptoms, the presence of secondary behavioral problems, and/or increased problems in the tertiary areas of academic performance and interpersonal …

Everyone Brings Something To The Table: A Culturally Sustaining Analysis Of Teacher Candidates’ Mixed Reality Teaching Simulations, Erin Scott

Faculty Publications

Discussions of HBCU students’ content knowledge have centered around developing high impact, asset-based approaches to learning (Williams et al, 2022). So, HBCU teacher preparation providers (TPPs) can also focus efforts on culturally sustaining approaches to developing candidates’ content knowledge and researching how high impact practices, like teaching simulations, can help prepare candidates for classrooms. This exploratory case study uses critical cases (n=2); findings suggest candidates have a developing understanding of content, which forms a solid basis for increasing their knowledge. MRTSs are addressed as a potential high impact, culturally sustaining practice for building candidates’ content knowledge. Further, HBCU TPPs can …

An Account Of The 1453 Ce Ottoman Siege Of Constantinople Interpreted Through A First Century Bce Jewish Text: How An Ancient Collection Of Second Temple Period Poems Changed The Course Of Western Civilization, Kenneth Atkinson

Faculty Publications

On 29 May 1453 CE, the besieged Christian occupants of Constantinople — the capital of the Byzantine Empire and the last surviving portion of the former Roman Empire — knew the end was near when they heard 50,000-80,000 angry Ottoman soldiers, including 5,000 to 10,000 of the elite Janissaries — the Sultan’s shook troops — preparing to breach its walls after a 53-day siege. The 7,000-man army defending the city knew that all was lost. The 21-year-old Sultan Mehmet II — given the sobriquet “the Conqueror” for capturing the city — leveled the roads so his army could reach Constantinople’s …

Effective Support Strategies Serving Diverse Teacher Candidates In Paraprofessional Teacher Education Programs, Angela Christine Griner, Debra K. Wellman

Faculty Publications

Paraprofessionals remain a rich resource for our children and our school communities. Teacher education programs that have sought to provide pathways to teaching certification for paraprofessionals recognize this. Over the last 25 years, research has shown well-documented models for programs and strategies that support candidates in these programs, as well as the obstacles and challenges those programs and participants face. This article presents a descriptive case study of the first three years of a para-to-teacher program, across three cohorts of participants at a small liberal arts institution. Implications for best practices tied to collaborative leadership, relational approaches, and collaborative program …

From "Open Ocean" To "Exposed Aquaculture": Why And How We Are Changing The Standard Terminology Describing "Offshore Aquaculture", Tyler Sclodnick, Michael Chambers, Barry Antonio Costa-Pierce, Tobias Dewhurst, Nils Goseberg, Kevin Gerald Heasman, Wolf Isbert, Gesche Krause, Daniel Wieczorek, Till Markus, Bela H. Buck

Faculty Publications

The term “offshore” with regards to aquaculture has hitherto encompassed various perspectives, including technology, geographic location, legal jurisdiction, and more. To resolve the ambiguity in this term and understand its implications for current and future aquaculture development, “offshore” should be resolved into two separate metrics: distance from shore and energy exposure. The United Nations Convention on the Law of the Sea (UNCLOS) distinguishes between internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), and the high seas, but currently has no precise definition for “offshore” in its provisions, and therefore no applicable laws pertaining to “offshore” aquaculture. Regulating a …

From "Open Ocean" To "Exposed Aquaculture": Why And How We Are Changing The Standard Terminology Describing "Offshore Aquaculture", Tyler Sclodnick, Michael Chambers, Barry Antonio Costa-Pierce, Tobias Dewhurst, Nils Goseberg, Kevin Gerald Heasman, Wolf Isbert, Gesche Krause, Daniel Wieczorek, Till Markus, Bela H. Buck

Faculty Publications

The term “offshore” with regards to aquaculture has hitherto encompassed various perspectives, including technology, geographic location, legal jurisdiction, and more. To resolve the ambiguity in this term and understand its implications for current and future aquaculture development, “offshore” should be resolved into two separate metrics: distance from shore and energy exposure. The United Nations Convention on the Law of the Sea (UNCLOS) distinguishes between internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), and the high seas, but currently has no precise definition for “offshore” in its provisions, and therefore no applicable laws pertaining to “offshore” aquaculture. Regulating a …

Imagination Grows A Better World: Courage, Creativity, And Fantastic Futures, Janet Croft

Faculty Publications

Our field is requiring ever more courage from us as we face challenges to our bedrock beliefs in free access to information and the value of diverse viewpoints, of representation of different ways of being and living, of higher education, and of imagination itself. Where can we find inspiration to keep going? In order to meet the challenges we face with creativity and courage, we need both the ability to imagine a better world and the determination to work to bring this world into being. I’ll talk about some inspirational examples of the pairing of courage and creativity in my …

Bostock And The Forgotten Eeoc, Sandra F. Sperino

Faculty Publications

In Bostock v. Clayton County, Georgia, the Supreme Court formally recognized that federal discrimination law prohibits discrimination based on sexual orientation and gender identity. The opinion barely mentioned the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal discrimination law. Reading Bostock, it would be easy to get the impression that the EEOC played little to no role in the outcome. This Essay reclaims and restores the EEOC's role.

In restoring the EEOC's role in this story, two themes emerge. First, Bostock's methodology erases the administrative agency tasked with enforcing Title VII in ways that are inconsistent …