Digital Commons Network^™

Understanding Information Systems Continuance For Information-Oriented Mobile Applications, Leida Chen, Thomas O. Meservy, Mark Gillenson

Faculty Publications

Consumers’ use of mobile data applications is expected to rise significantly in the next few years. While user acceptance and adoption of mobile applications have received growing interest from IS researchers, only a paucity of studies have focused on user continuance behaviors in the mobile commerce context. Studying the IS continuance behavior of 147 registered users of an information-oriented mobile application, this research extends the general model of IS continuance to include a number of explanatory antecedents: information quality, system quality, process quality, and hedonic value. The enhanced framework makes a significant contribution to the theory of IS continuance intention, …

Reclaiming Literacy Classroom Through Critical Dialogue, Bob Fecho, Dawan Coombs, Sean Mcauley

Faculty Publications

Tim (all student names are pseudonyms), a young English teacher, took a position in a corporately owned charter school. Despite misgivings—“Just not sure privatization and choice are the saviors of public education”—Tim needed a job and accepted what was offered.

Typically for Tim, he threw himself into his teaching, getting additionally involved in class sponsorship and student government. As an offshoot of these activities, Tim asked his sophomore classes to write about, and then discuss, the seeming lack of school spirit and what they could do about it:

Impacts Of A Parenting Newsletter On Fathers Of Kindergarten Children, Sean E. Brotherson, Erin Kramer Holmes, Christopher J. Bouwhuis

Faculty Publications

This study is the first assessment of the perceived effectiveness of a parenting newsletter written specifically for fathers or father figures. The Father Times newsletter was distributed weekly for six weeks to all families of kindergarten children at a local school. Once hundred seventy-seven fathers responded to a self-report questionnaire regarding usage of the parenting newsletter, perceptions of the newsletter as a resource, and impacts of fathers' attitudes, knowledge, behaviors, and father–child relationship quality. Two-thirds of fathers in the sample reported changing at least "somewhat" in all nine outcomes explored. Neither father age nor number of children in the home …

Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin

Faculty Publications

The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms. Nowhere is this more apparent than with the hearsay exception for “present sense impressions.” Changing communication practices typified by interactions on social media websites like Facebook and Twitter herald the arrival of a previously uncontemplated—and uniquely unreliable—breed of present sense impressions. This Article contends that the indiscriminate admission of these electronic present sense impressions (e-PSIs) is both normatively undesirable and inconsistent with the traditional rationale for the present sense impression exception. It proposes a reform to the exception that would …

Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs

Faculty Publications

No abstract provided.

“Choking The Channel Of Public Information”: Re-Examination Of An Eighteenth-Century Warning About Copyright And Free Speech, Edward L. Carter

Faculty Publications

The U.S. Supreme Court in Eldred v. Ashcroft gave First Amendment importance to the topic of copyright history. In measuring whether Congress has altered the “traditional contours” of copyright such that First Amendment scrutiny must be applied, federal courts—including the Supreme Court in its 2011 Term case Golan v. Holder—must carefully examine the intertwined history of copyright and freedom of the press. The famous but misunderstood case of Donaldson v. Beckett in the British House of Lords in 1774 is an important piece of this history. In Donaldson, several lawyers, litigants, judges, and lords recognized the danger posed …

Investor Information Demand: Evidence From Google Searches Around Earnings Announcements, Michael S. Drake, Darren T. Roulstone, Jacob Thornock

Faculty Publications

The objective of this study is to investigate factors that influence investor information demand around earnings announcements and to provide insights into how variation in information demand impacts the capital market response to earnings. The Internet is one channel through which public information is disseminated to investors and we propose that one way that investors express their demand for public information is via Google searches. We find that abnormal Google search increases about two weeks prior to the earnings announcement, spikes markedly at the announcement, and continues at high levels for a period after the announcement. This finding suggests that …

Revisiting The Work We Know So Little About: Race, Wealth, Privilege, And Social Justice, Stephanie M. Wildman, Beverly Moran, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Who Owns An Avatar?: Copyright, Creativity, And Virtual Worlds, Tyler T. Ochoa

Faculty Publications

Today's massively multi-player online role-playing games (MMORPGs) offer their users the ability to create or customize their own avatars with distinctive visual appearances. This Article contends that users who take advantage of that ability are exercising significant creative choices, such that they should be considered the "authors" and copyright owners of their own avatars. The Copyright Act envisions several types of collaborative authorship, including joint authorship, works made for hire, and collective works. None of these models provides a good fit for user-created avatars, because avatars meet some, but not all, of the elements for each model. Here, the two …

The Importance Of The Political In Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Faculty Publications

This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these policies and queries the implications of this new model for federalism analysis. The story we tell in this paper is both political and legal; understanding immigration politics uncovers vital truths about the recent rise of subnational involvement in a policy arena that courts, and commentators have traditionally ascribed to the federal government. Thus, this article connects the …

Race To The Bottom, Colleen Chien

Faculty Publications

The defensive patent arms race, and companies’ consequent focus on quantity rather than quality as they build their portfolios, causes them and others many problems. This article in Intellectual Asset Magazine exposes the role that practicing companies themselves and their patenting practices have had in keeping patent quality low, the backlog long, and patent trolls well-stocked with patents. It discusses various methods for fostering patent peace including by outlawing certain types of "arms" (a software patent ban), making patents harder to obtain or hold onto (i.e. by increasing registration/maintenance fees), and making patents less nuclear (e.g. by introducing an independent …

Agenda-Building Influences On The News Media's Coverage Of The U.S. Food And Drug Administration's Push To Regulate Tobacco, 1993-2009, Caroline D. Foster, James F. Thrasher, Sei-Hill Kim, India Rose, John C. Besley, Ashley Navarro

Faculty Publications

Citing agenda-building theory, this article examines the influence of three key factors on the news media's coverage of the process of placing tobacco and tobacco products under regulation of the U.S. Food and Drug Administration between 1993 and 2009. We analyzed data from a content analysis of 570 news articles from The New York Times and Washington Post and found that the media published significantly more FDA regulation articles during the Clinton administration than during the Bush administration. Our analysis links that imbalance of media coverage to the influence of the president of the United States (Clinton and Bush, during …

Rescuing The Dignitary Torts From The Constitution, Cristina Carmody Tilley

Faculty Publications

The rights of individuals to recover for dignitary torts has been withering for the past forty years, since the Supreme Court constitutionalized the state common law tort of defamation in New York Times v. Sullivan in 1964. The Court announced in that case that the First Amendment required it to impose high standards for individual defamation claims in order to protect robust speech. As that principle has taken hold, it has in effect squeezed the rights of individuals to recover for invasion of privacy and intentional infliction of emotional distress as well as defamation. Just last Term, the Court held …

Piezoelectric Wafer Active Sensors In Lamb Wave-Based Structural Health Monitoring, Lingyu Yu, Victor Giurgiutiu

Faculty Publications

Recent advancements in sensors and information technologies have resulted in new methods for structural health monitoring (SHM) of the performance and deterioration of structures. The enabling element is the piezoelectric wafer active sensor (PWAS). This paper presents an introduction to PWAS transducers and their applications in Lamb wave-based SHM. We begin by reviewing the fundamentals of piezoelectric intelligent materials. Then, the mechanism of using PWAS transducers as Lamb wave transmitters and receivers is presented. PWAS interact with the host structure through the shear-lag model. Lamb wave mode tuning can be achieved by judicious combination of PWAS dimensions, frequency value, and …

American Myth-Busting, Joe Wilkins

Faculty Publications

In this essay, Joe Wilkins discusses the new breed of western films.

Crosses And Culture: State-Sponsored Religious Displays In The Us And Europe, Mark L. Movsesian

Faculty Publications

This article compares the recent jurisprudence of the US Supreme Court and the European Court of Human Rights on the question of state-sponsored religious displays. Both tribunals insist that states have a duty of religious “neutrality,” but each defines that term differently. For the Supreme Court, neutrality means that government may not proselytize, even indirectly, or appear to favor a particular church; neutrality may even mean that government must not endorse religion generally. For the ECtHR, by contrast, neutrality means only that government must avoid active religious indoctrination; the ECtHR allows government to give “preponderant visibility” to the symbols of …

Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard

Faculty Publications

No abstract provided.

Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Modeling Micro-Economic Resilience And Restoration After A Large-Scale Catastrophe: An Analysis Of The Gulf Coast After Katrina, David L. Butler, Edward Sayre

Faculty Publications

No abstract provided.

The Global Entrepreneurship And Development Index, 2012, Leticia Camacho

Faculty Publications

Social & Behavioral Sciences 50-0031 HD82 MARC Ács, Zoltán J. The global entrepreneurship and development index, 2012, by Zoltán J. Ács and László Szerb. E. Elgar, 2012. 391p ISBN 9781849808439, $450.00; ISBN 9781781001158 e-book, contact publisher for price

Conducting Effective Interviews About Virtual Work: Gathering And Analyzing Data Using A Grounded Theory Approach, Kerk F. Kee, Marceline Thompson-Hayes

Faculty Publications

This chapter explicates interviewing as a viable research method for studying virtual work. The chapter begins with a review of the existing interdisciplinary scholarship on qualitative interviewing along with three modes of interviewing, interviewing techniques, formats, and rigor. Next, the chapter reviews exemplary research reports on virtual work to illustrate best practices in interviewing and data analysis. Finally, suggestions for collecting, analyzing, and interpreting interview data about virtual work are discussed.

Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson

Faculty Publications

Court-access doctrine in transnational litigation is plagued by uncertainty. Without a national court-access policy, federal courts often reach inconsistent forum non conveniens decisions even on very similar facts. This inconsistency is compounded by the district court’s largely unreviewable discretion in making those forum-access decisions, which precludes effective resolution of these conflicts through the appellate process. As a result, the law underlying the forum non conveniens doctrine remains unsettled, creating systemic inefficiency both in litigation procedure and in regulatory policy.

This article, prepared for the symposium “Our Courts and the World: Transnational Litigation and Civil Procedure,” argues that expanding appellate review …

Contextualizing Disclosure's Effects: Wikileaks, Balancing And The First Amendment, Christina E. Wells

Faculty Publications

This essay responds to Professor Fenster’s article in the Iowa Law Review, Disclosure’s Effects: WikiLeaks and Transparency, assessing the effects of the recent WikiLeaks disclosures. The essay agrees with many of Professor Fenster’s conclusions regarding the promise and peril of those disclosures, especially his concern regarding the problematic balancing approaches used to assess the likely impact when confidential information is revealed. It specifically elaborates on courts’ current application of the Espionage Act, a criminal law likely to be applied to the WikiLeaks disclosures, and the implications of that deferential application for WikiLeaks, Julian Assange and journalists in general.

Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr.

Faculty Publications

This essay suggests that the expressive impact of Stand Your Ground laws alters the shared norms governing our collective understanding of the moral limits of “self-defense.” The essay argues that the theory of Legal Expressivism can explain the widespread misunderstanding of the limits of self-defense, as demonstrated by the institutional and popular reactions to the killing of Trayvon Martin by George Zimmerman. To support this thesis, the piece briefly explains Stand Your Ground statutes and legal expressivism. It then details the nature of the expressive function of these statutes and asserts that Massachusetts, which recently considered the adoption of such …

The Roberts Court And The Civil Procedure Revival, Howard Merrill Wasserman

Faculty Publications

In the six terms since John G. Roberts became Chief Justice in September 2005, the Supreme Court has decided numerous, significant, and potentially far-reaching cases on core civil procedure subjects, including pleading, summary judgment, personal jurisdiction, subject matter jurisdiction, class actions, and the Erie/Hanna Doctrine. This renewed interest in civil procedure and the Federal Rules is an important, but little-discussed, jurisprudential theme of the early years of the Roberts Court. This essay explores the Court’s emerging reengagement with civil procedure; it identifies several organizing themes in the recent cases and examines the existing ambivalence and hostility among the competing rulemaking …

Can You Hear Me Now? Assessing Students' Classroom Communication Preferences Via A Telephone Conference Activity, Sharon G. Heilmann

Faculty Publications

Telephone conference presentation delivery was compared to face-to-face classroom delivery in an undergraduate business course setting to assess whether concern over presenting in front of the class and/or gender impacted presentation mode preference. After completing a classroom exercise, students (n=102) were surveyed and asked to compare delivery methods from two courses, one requiring a telephone conference and the other requiring a face-to-face classroom presentation, in terms of perceived effectiveness, feedback, teamwork, instructor cues, preparation time, and overall comfort. Independent sample t-test results indicated respondents who worried about presenting in front of the class believed the telephone conference format required more …

Educating English Learners: Reconciling Bilingualism And Accountability, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In late July 2011, an estimated 5,000 individuals converged on Washington, D.C., to protest the direction of state and federal education policy. Fueled by social media, the Save Our Schools March and National Call to Action was a grassroots effort organized largely by teachers, with principals, school board members, and activists lending support. Featured speakers included prominent education figures, like historian Diane Ravitch and Jonathan Kozol, a former teacher known for his writings on school inequalities. Specific points of contention focused on high stakes testing and test-based accountability, key elements in the Obama Administration’s Blueprint for Reform and Race …

Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2010, an eye-catching article appeared on the front page of the New York Times “Arts” section. The headline read, “Cultures United to Honor Separatism.” Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to discuss cultural politics. As time would tell, pitched battles over sovereignty and independence seemed to be yielding to equally passionate calls for linguistic and cultural recognition. Facing the pressure of English as the global lingua franca, historically militant groups were placing their …

Virtual Whistleblowing, Miriam A. Cherry

Faculty Publications

(Excerpt)

In approximately 2004, Michael DeKort, a forty-one-year-old Lockheed Martin project manager, became concerned about security flaws in ships his employer was selling to the United States Coast Guard. The new ships were part of a planned $24 billion equipment upgrade that would make the United States Coast Guard a more active part of the war on terror. However, according to DeKort, the vessels featured security cameras with significant blind spots and communications equipment that was not secure. Further, DeKort alleged that other equipment on board could not operate at the extreme temperatures required by Lockheed's contract with the government. …

Show Me The Money: Part Two, Monetizing The “Value Added” Of Attorneys Who Serve As Mediators And Arbitrators, Elayne E. Greenberg

Faculty Publications

(Excerpt)

In the oft-told fable “The Emperor’s New Clothes,” the candid, uncensored observations of a young child that the Emperor’s “new clothes” weren’t clothes at all but actually the emperor’s nudity, freed the rest of the townspeople to finally acknowledge the jarring reality that their the emperor was naked. And so, “The Emperor’s New Clothes” has become a metaphor for having the courage to see things as they actually are, not for what we are incorrectly told they are. In Part One of this column, I began the discussion of how settlement-savvy lawyers might realistically use alternative fee paradigms instead …