Digital Commons Network^™

Profiles Of Selected Mormon Actors, J. Michael Hunter

Faculty Publications

“Profiles of Selected Mormon Actors” provides brief profiles of over 80 Mormon actors and actresses, including some biographical information and career highlights. This chapter appears in the first volume of Mormons and Popular Culture: The Global Influence of an American Phenomenon (Praeger 2013), a comprehensive treatment of Mormons and popular culture, providing an introduction and wide-ranging overview of the topic.

Caring In A Technology-Mediated Online High School Context, Andrea Velasquez, Charles R. Graham, Richard Osguthorpe

Faculty Publications

The objective of this study was to describe how caring is experienced in the technology-mediated context of the Open High School in Utah, an online charter high school. Two female teachers, two male students, and two female students were interviewed three times over 9 months regarding their experience of caring teacher–student interactions. Data were analyzed using interpretative phenomenological analysis (IPA). Discovered themes were then organized into three superordinate themes: engrossment, motivational displacement, and reciprocity. Results suggest not only that caring interactions are possible in the online context, but also that specific caring pedagogies can strengthen the teacher–student relationship online. Additionally, …

Reminiscing About Ken Donelson: Tar Coeditor (With Alleen Pace Nilsen) 1974-1979, Chris Crowe

Faculty Publications

I knew of Ken Donelson long before I ever met the man.

As a brand new high school English teacher in Tempe, Arizona, I had read some of his work in the Arizona English Bulletin and English Journal. In fact, one of his English Journal articles appeared in the September 1977 issue, right when I started my teaching career in Arizona. That article, “Some Responsibilities for English Teachers Who Already Face an Impossible Job,” made clear not just that he understood the myriad challenges my colleagues and I faced, but also that he was incredibly well read and that he …

The Abuse Of Prescription And Over-The-Counter Drugs, Alina M. Baltazar, Gary L. Hopkins, Duane C. Mcbride

Faculty Publications

No abstract provided.

Cristina's World: Lessons From El Salvador's Ban On Abortion, Michelle Oberman

Faculty Publications

No abstract provided.

Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan

Faculty Publications

This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in its 1875 Chy Lung v. Freeman decision, state and local offi- cials characterize their laws as unavoidable responses to the policy problems they face when they are squeezed between the challenges of unauthorized migration and the federal government’s failure to fix a broken system. In the October 2012 term, in Arizona v. …

Training The Heads, Hands And Hearts Of Tomorrow's Lawyers: A Problem Solving Approach, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Can Competencies Drive Change In The Legal Profession?, Terri Mottershead, Sandee Magliozzi

Faculty Publications

No abstract provided.

Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug

Faculty Publications

On April 16th, the US Supreme court will hear arguments in the case Adoptive Couple v. Baby Girl. This case involves an Indian child whose attempted adoption by a non-Indian couple in South Carolina violated the provisions of the Indian Child Welfare Act (ICWA). Because of this violation, the family court ordered her return to her biological father. The case has received extensive media attention and has resulted in the vilification of ICWA. Nevertheless, the Court’s decision to hear the case was surprising. The issues in the case are straightforward and the lower courts’ decisions were clearly correct. Consequently, the …

The Effect Of Isostatic Pressing On The Dielectric Properties Of Screen Printed Ba0.5Sr0.5Tio3 Thick Films, Siwei Wang, Lingling Zhang, Jiwei Zhai, Fanglin Chen

Faculty Publications

Ba_0.5Sr_0.5TiO₃ thick films with B₂O₃–Li₂O glass sintering aid were prepared by the screen printing method on Al₂O₃ substrates. A 200 MPa isostatic pressure was applied to the films before sintering. After being sintered at 950^∘C, lower porosity and denser microstructure was obtained compared with the films without isostatic pressing. The dielectric constant and dielectric loss were 238 and 0.0028, respectively. A tunability of 61.7% was obtained for the isostatic pressed films, a 27.8% enhancement compared to unpressurized films. These results suggest that isostatic pressing …

Wave Propagation In Metamaterial Using Multiscale Resonators By Creating Local Anisotropy, Raiz U. Ahmed, Sourav Banerjee

Faculty Publications

Directional guiding, passing or stopping of elastic waves through engineered materials have many applications to the engineering fields. Recently, such engineered composite materials received great attention by the broader research community. In elastic waves, the longitudinal and transverse motion of material particles are coupled, which exhibits richer physics and demands greater attention than electromagnetic waves and acoustic waves in fluids. Waves in periodic media exhibit the property of Bragg scattering and create frequency band gaps in which the energy propagation is prohibited. However, in addition to the Bragg scattering, it has been found that local resonance of artificially designed resonators …

The Limits Of Violence: People And Property In Edward Abbey's "Monkeywrenching" Novels, David Thomas Sumner

Faculty Publications

This paper explores Edward Abbey’s fiction asking what kind of ethical imperative his monkeywrenching novels offer. While advocating the destruction of property in defense of wilderness, The Monkey Wrench Gang draws a clear ethical distinction between the destruction of property in defense of wilderness and the harming of people. Yet the sequel, Hayduke Lives!, blurs this ethical line when a security guard is killed during the novel’s final eco-sabotage scene. After exploring several possible textual explanations for this apparent change and then interviewing several of Abbey’s close friends regarding this issue, the author concludes that the shift does not …

Eco-Terrorism Or Eco-Tage: An Argument For The Proper Frame, David Thomas Sumner, Lisa M. Weidman

Faculty Publications

What does the term “terrorism” mean? Is it accurate to lump illegal acts that destroy property but carefully avoid harming people into the same category as acts clearly intended to kill? Is this a difference of kind or just of degree? While we (the authors) don't generally endorse the destruction of property as a method of generating social change, we believe that the destruction of property is fundamentally different from the intentional killing of people; therefore, to label acts of obstruction, trespassing, vandalism, sabotage, or arson as “terrorism” is inaccurate and has the potential to damage one's understanding of real …

Dream On, Joe Wilkins

Faculty Publications

In this essay, Joe Wilkins describes what he believes are the essential elements of Western films.

Case Study Of Three Rural Texas Superintendents As Equity Oriented Change Agents, Gerri Marie Maxwell, Leslie A. Locke, James Joseph Scheurich

Faculty Publications

For this qualitative case study (Patton, 2003), we used narrative inquiry (Erlandson, Harris, Skipper, & Allen, 1993) and sought to analyze extended interviews and field notes based on interactions with three rural superintendents working in high-needs, public PK-12 school districts in Texas. We collected data with regard to these superintendents’ perceptions of themselves as social justice/equity oriented change agents based on the Equity Oriented Change Agent or EOCA framework developed by Skrla, McKenzie, and Scheurich (2009). Our goal with this study was to glean greater insight into the work of these rural school leaders as potential equity oriented change agents. …

Standard Issue: Public Discourse, Ayers V. Fordice, And The Dilemma Of The Basic Writer, Joyce Olewski Inman

Faculty Publications

No abstract provided.

Metaphors And Persuasion, Jonathan Van Patten

Faculty Publications

No abstract provided.

Judicial Memoirs, Thomas Simmons

Faculty Publications

Review of Ipse Dixit: How the World Looks to a Federal Judge, by Hon. William L. Dwyer and Called to Justice: The Life of a Federal Trial Judge, by Hon. Warren K. Urbom

Optimizing A Continuous Flow Lipid Extraction System (Cfles) Used For Extracting Microalgal Lipids, Javed Iqbal, Chandra Theegala

Faculty Publications

A laboratory-made continuous flow lipid extraction system (CFLES) was devised to extract lipids from microalgae Nannochloropsis sp., a potential feedstock for biodiesel fuel, with a focus to assess the workable temperatures and pressures for future industrial applications. Using conventional solvents, the CFLES recovered 100% of the lipids extracted with conventional Soxhlet extraction. The optimum temperature and pressure were found to be 100 °C and 50 psi, respectively; conditions significantly lower than those normally used in pressurized liquid extractions requiring specialized equipment. Approximately 87% of the extracted oil was successfully transesterified into biodiesel fuel (fatty acid methyl esters). Preliminary calculations based …

Freedom Of Speech, Defamation, And Injunctions, David S. Ardia

Faculty Publications

No abstract provided.

Awakening The Slumbering Giant: How Horizontal Drilling Technology Brought The Endangered Species Act To Bear On Hydraulic Fracturing, Kalyani Robbins

Faculty Publications

Hydraulic fracturing (also known as “fracking”) is nothing new. It dates back to the 1940s and drew little environmental attention or concern for most of its existence. It is a form of natural gas extraction that involves pumping water, chemicals, and sand slurry into a well at extremely high pressure in order to fracture the surrounding rock formation and prop open passages. This frees up the trapped natural gas to flow from the resulting rock fractures to the production well for capture. Fracking operations have evolved from using a range of 20,000 to 80,000 gallons of water per well to …

Dissent Into Confusion: The Supreme Court, Denialism, And The False “Scientific” Controversy Over Shaken Baby Syndrome, Joelle A. Moreno, Brian Holmgren

Faculty Publications

No abstract provided.

Rights And Wrongs In The Debate Over Single-Sex Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2011 an article entitled The Pseudoscience of Single-Sex Schooling appeared in the journal Science. Unlike articles typically published in peer-reviewed journals, the primary intent in this case was not to inform the scholarly community but rather to accomplish larger political and legal ends. Co-authored by eight prominent psychologists and neuroscientists, it immediately made the front pages of national newspapers and soon took the international media by storm. From the United Kingdom to Australia, New Zealand, India, and South Africa, it gave rise to a global debate about the pros and cons of single-sex schooling.

As directly …

Confidentiality: The Illusion And The Reality— Affirmative Steps For Lawyers And Mediators To Help Safeguard Their Mediation Communications, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Confidentiality is one promise of mediation that is increasingly broken, even though judges, lawyers and mediators frequently extol the sacredness of mediation confidentiality as a primary benefit for considering mediation as a settlement forum. We observe that legal challenges to any aspect of the mediation have caused judges to scrutinize mediation communications in a way that renders mediation confidentiality vulnerable at a minimum and violated at the worst. We are finding it a chronic challenge to decipher the precise and appropriate boundaries of mediation confidentiality. Moreover, we are increasingly discomforted to see that even unsuccessful legal challenges to mediation …

Cyber Commodification, Miriam A. Cherry

Faculty Publications

(Excerpt)

Last year, the Huffington Post blog found itself involved in a contentious legal dispute with its unpaid bloggers about the commodification of its content. The Huffington Post features many posts that are straight-ahead news reports; other posts have featured more ideological content aimed at a liberal audience. Leading up to the 2008 election, many Huffington Post bloggers wrote accounts critical of then-President George W. Bush, specifically his administration’s treatment of the Guantanamo Bay prisoners, while others wrote to assist fellow Democratic voters become more familiar with the primary candidates. Regardless of one’s personal political leanings, the website attracted a …

What Sally Soprano Teaches Lawyers About Hitting The Right Ethical Note In Adr Advocacy, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Paradoxically, when lawyers opt to mediate or arbitrate, lawyers may still wind up selecting, shaping and advocating in these dispute resolution processes to resemble the very litigation process they have sought to avoid. After all, litigation likely comports with the lawyer’s own conflict style, comfort level and concepts of justice. As a consequence of this litigation bias, we see that the metaphorical doors of a multi-door courthouse that once offered a menu of dispute resolution choices are increasingly leading us back to one choice: a variation of the litigation door. Even though the Model Rules of Professional Conduct confirm …

Marks, Morals, And Markets, Jeremy N. Sheff

Faculty Publications

The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law's recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean "natural rights" theory that scholars have found even more unsatisfying. This Article proposes a third option. I analyze the law of trademarks and unfair competition as a system of moral obligations between producers and consumers. Drawing on the contractualist tradition in moral philosophy, I develop and apply a new theoretical framework to evaluate …

School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.

Why Gridlock Matters, Michael J. Gerhardt

Faculty Publications

No abstract provided.

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

Faculty Publications

No abstract provided.