Digital Commons Network^™

The "Innocence" Of Bias, Osamudia James

Faculty Publications

No abstract provided.

Is The Word “Consumer” Biasing Trademark Law?, Dustin Marlan

Faculty Publications

Our trademark law uses the term “consumer” constantly, reflexively, and unconsciously to label the subject of its purpose—the purchasing public. According to the U.S. Supreme Court, trademark law has “a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid.” As one leading commentator puts it, “trademarks are a property of consumers’ minds,” and “the consumer, we are led to believe, is the measure of all things in trademark law.”

Much criticism has been rightly levied against trademark law’s treatment of the consumer as passive, ignorant, and gullible. For …

Examining Eating Attitudes And Behaviors In Collegiate Athletes, The Association Between Orthorexia Nervosa And Eating Disorders, Nancy A. Uriegas, Zachary K. Winkelmann, Kelly Pritchett, Toni M. Torres-Mcgehee

Faculty Publications

Orthorexia nervosa (Orthorexia) is an eating attitude and behavior associated with a fixation on healthy eating, while eating disorders (EDs) are clinically diagnosed psychiatric disorders associated with marked disturbances in eating that may cause impairment to psychosocial and physical health. The purpose of this study was to examine risk for Orthorexia and EDs in student-athletes across sex and sport type and determine the association between the two. Student-athletes ( = 1,090; age: 19.6 ± 1.4 years; females = 756; males = 334) completed a survey including demographics, the ORTO-15 test (values), the Eating Attitudes Test-26 (EAT-26; >20 score), and additional …

What’S In A Name? Strict Scrutiny And The Right To A Public Trial, Stephen Smith

Faculty Publications

The right to a public trial has only rarely been addressed by the Supreme Court, but in Waller v. Georgia, the Court set forth a test for determining when it is appropriate to close a courtroom to the public, despite the general public trial command. The language of the Waller test suggests great rigor. This essay proposes a reconsideration of the test for courtroom closures, rethinking whether traditional strict scrutiny thinking is appropriate in this constitutional and practical context. That said, this essay does not argue with Waller’s broad outlines. Courts making closure decisions should consider reasons and …

Fear Of Zika: Information Seeking As Cause And Consequence, James Price Dillard, Ruobing Li, Chun Yang

Faculty Publications

This study examined the relationship between information seeking and fear during the Zika-induced global health crisis. A longitudinal survey of women in the Southern U.S. (N = 306) was conducted in 2016, beginning just days after the World Health Organization declared Zika a global crisis. The data showed that time 1 fear stimulated information seeking at time 2 and that time 2 information seeking caused fear at time 3. This pattern held regardless of whether participants were pregnant or planning to become pregnant (high personal relevance) versus neither (low personal relevance). The findings are at odds with most theories of …

Internal Audit Stigma Impairs Internal Audit Outcomes, Marc Eulerich, Joleen Kremin, K. Kelli Saunders, David A. Wood

Faculty Publications

Prior research finds that the internal audit function (IAF) plays a critical role in organizations, yet there is still a stigma toward the profession. We examine how this stigma affects internal audit outcomes, using three different data sources: survey results from parts of Europe and the United States and an experiment. We find that when practicing internal auditors in parts of Europe and the U.S. believe there is a negative stigma about internal auditing, they report negative work outcomes, including less ability to add value, less influence in the organization, more resistance to implementing their recommendations, and more pressure to …

Clothing Consumption During The Covid-19 Pandemic: Evidence From Mining Tweets, C A. Liu, S B. Xia, C M. Lang

Faculty Publications

Understanding how consumers have shifted in clothing consumption in the midst of the global COVID-19 pandemic is critical for fashion clothing brands and businesses to identify what value means to consumers to locate growth opportunities. This exploratory study intends to provide a picture of consumers' clothing consumption evolution while going through the pandemic crisis. We take a viewpoint that integrates the perspectives of life status changes and stress coping to examine consumers' responses to clothing consumption during the COVID-19 global pandemic. A total of 68,511 relevant tweets were collected from January 1, 2020, through September 31, 2020. Sentiment and content …

Icwa’S Irony, Marcia A. Yablon-Zug

Faculty Publications

The Indian Child Welfare Act (ICWA) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act’s provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child welfare policies. Nevertheless, the Act is relentlessly attacked as a law that singles out Indian children for unique and harmful treatment. This is untrue but, ironically, it will be if challenges to the ICWA are successful. To prevent this from occurring, the defense of the Act needs to change. For too long, this defense has …

Analysis Of Geotagging Behavior: Do Geotagged Users Represent The Twitter Population?, Amir Karami, R. R. Kadari, L. Panati, H. Bheemreddy, B. Bozorgi

Faculty Publications

Twitter’s APIs are now the main data source for social media researchers. A large number of studies have utilized Twitter data for diverse research interests. Twitter users can share their precise real-time location, and Twitter APIs can provide this information as longitude and latitude. These geotagged Twitter data can help to study human activities and movements for different applications. Compared to the mostly small-scale data samples in different domains, such as social science, collecting geotagged data offers large samples. There is a fundamental question whether geotagged users can represent non-geotagged users. While some studies have investigated the question from different …

Improving The Quality Of Survey Data: Using Answering Behavior As An Alternative Method For Detecting Biased Respondents, Manasvi Kumar, David Kim, Joseph S. Valacich, Jeffrey L. Jenkins, Alan R. Dennis

Faculty Publications

Online surveys are used for collecting self-report data. Despite their prevalent use, data quality problems persist due to various response biases. Here, we demonstrate how participant answering behaviors can be used to identify biased responses. We administered an online survey where participants reported their personality dimensions of neuroticism and extraversion—two personality dimensions that have been previously shown to be correlated with a propensity to deceive—and were later presented with a scenario to exhibit deceptive behavior. We then generated models to predict deception using the neuroticism and extraversion constructs. Using respondents’ fine-grained mouse movement data when answering these questions, we generated …

“I Hate To Be A Burden!”: Experiencing Feelings Associated With Ostracism Due To One's Poor Performance Burdening The Group, James H. Wirth, Donald F. Sacco, Mitch Brown, Bradley M. Okdie

Faculty Publications

We examined if perceiving oneself as burdensome, due to performing poorly in a group, can lead to feelings associated with ostracism (being excluded and ignored), without actually being ostracized. Participants completed a typing game (Study 1) or solved Remote Associates Test (Study 2) items where they performed worse, equal, or better than the group. To isolate the influence of burdensomeness, participants were consistently selected by computerized agents to play. In each study, worse performers experienced greater perceptions of being burdensome, less basic need satisfaction, increased negative mood, and greater anticipation of being excluded from a future group task compared to …

Functional Altruism Among Agreeable And Narcissistic Donors: Evidence From Crowdsourced Fundraisers, Kelsey M. Drea, Mitch Brown, Donald F. Sacco

Faculty Publications

Given the increasing popularity of crowdsourced fundraisers, understanding how characteristics of funding initiatives and donors influence donations has critical real-world implications. Across two studies, we identified potential situational factors most conducive to successful crowdsourcing while also determining whether individual differences in various personality factors predicted differing levels of donation. Participants in Study 1 (MAge = 19.99; 309 women, 75 men) viewed descriptions that manipulated donation type (organizer donation, anonymous donation, no donation) and type of fundraiser (self-organized, other-organized), and reported their willingness to donate to an individual’s medical treatment and completed inventories assessing Big Five personality traits. In Study 2 …

The Synthesis And Future Directions Of Empirical Research On International Students In The United States: The Insights From One Decade, Masha Krsmanovic

Faculty Publications

The purpose of this systematic review was to identify the trends in empirical research on international students in the United States produced between 2010 and 2019. After reviewing and synthesizing the characteristics of 334 research articles published over the past decade, I identify the areas that have been overly researched and the domains that have not yet been adequately explored. The overall findings of this review indicate that recent scholarly efforts have not always been aligned with the international student representation on U.S. campuses. Consequently, I provide eight critical recommendations for future research in the field in the context of …

The New Skill On The Block: Using Social Media In The Law School Classroom To Facilitate Learning, Rosa Castello

Faculty Publications

(Excerpt)

The emergence and rapid growth of technology has dramatically changed society, including the way we communicate and interact. People are gravitating toward shorter forms of written communication, like blogs and tweets. And it seems everyone interacts with others in some way on an online social media platform, exchanging ideas, connecting with friends and colleagues, and offering support.

As a Legal Writing professor, I wonder how this change in written communication will impact legal education and the profession and how I can better prepare my students for a professional environment that embraces these changes. Communication is an essential lawyering skill. …

A Love Letter To My Unborn Black Daughter, Taifha Natalee Alexander

Faculty Publications

(Excerpt)

It is difficult to imagine that my life has led me to this point because, honestly, I was not supposed to make it this far. And unfortunately, darling, neither are you.

By the time we meet, I will have earned my law degree from Georgetown University Law Center and joined the ranks of the most educated group in the country, Black women. At the same time, I will have invited you into the same world where Black girls are criminalized, under protected, and overlooked in schools.

Thoughts of what can happen to you during school hours when I am …

No More Old Boys’ Club: Institutional Investors’ Fiduciary Duty To Advance Board Gender Diversity, Anat Alon-Beck, Michal Agmon-Gonnen, Darren Rosenblum

Faculty Publications

As the benefits of gender equality for governance become more apparent, boardroom diversity initiatives abound. At the same time, institutional investors play an increasingly central role in the corporate world. This Article takes a novel approach to achieve this necessary change. Institutional investors already oversee firm leadership quite closely. This Article suggests that institutional investors hold a fiduciary duty to ensure there is gender diversity in leadership. As objections to state mandates persist, institutional investors can bring the benefits of private ordering to play a central role in ensuring equality.

Institutional investors play a dominant role over firms as principal …

The Cognitive Power Of Analogies In The Legal Writing Classroom, Patricia G. Montana

Faculty Publications

(Excerpt)

New law students traditionally learn better when they can connect what they are learning to a familiar non-legal experience. Therefore, the use of an analogy, which can be defined as a comparison showing the similarities of two otherwise unlike things to help explain an idea or concept, is an obvious way to facilitate a student’s connection between the new and what is already known. An analogy is a logical step in introducing the complex processes of legal research and analysis by attempting to simplify the alien structure of summarizing that legal research and analysis into a coherent piece of …

From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen

Faculty Publications

In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …

Settlement Fever: Lawyers, Have You Updated Your Philosophical Map?, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This column is the second in my three-part series about settlement fever. The focus of this column is on how settlement fever is incentivizing you, an ethical lawyer, to expand your legal mindset when you engage with your clients to help resolve their disputes. Have you updated your philosophical map lately?

Unshackling Plea Bargaining From Racial Bias, Elayne E. Greenberg

Faculty Publications

“History, despite its wrenching pain, cannot be unlived, [but] if faced with courage, need not be lived again.”

Dr. Maya Angelou

When an African American male defendant tries to plea bargain an equitable justice outcome, he finds that the deep-rooted racial bias that casts African American men as dangerous, criminal and animalistic, compromises his justice rights. Plea bargaining has become the preferred process used to secure convictions for upwards of 97 percent of cases because of its efficiency. This efficiency, however, comes at a cost. The structure and process of plea bargaining makes it more likely that the historical racial …

Preventing Predatory Alienation By High-Control Groups: The Application Of Human Trafficking Laws To Groups Popularly Known As Cults, And Proposed Changes To Laws Regarding Federal Immigration, State Child Marriage, And Undue Influence, Robin Boyle-Laisure

Faculty Publications

In this article, I summarize some of the significant legal developments in the United States that have taken place within the past year. First, United States v. Raniere was a criminal case launched against the founder of a purported self-help organization, NXIVM, and several of his associates. The Raniere case established precedent for using the human-trafficking statutes, among other grounds, to pursue justice for victims of high-demand groups. Second, the number of asylum seekers is increasing annually, and some of these undocumented immigrants are escaping from their countries-of-origin cults, gangs, and other extremist groups. However, once they arrive in the …

Victims, Right?, Anna Roberts

Faculty Publications

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …

Marine Vehicles Localization Using Grid Cells For Path Integration, Ignacio Carlucho, Manuel F. Bailey, Mariano De Paula, Corina Barbalata

Faculty Publications

Autonomous Underwater Vehicles (AUVs) are platforms used for research and exploration of marine environments. However, these types of vehicles face many challenges that hinder their widespread use in the industry. One of the main limitations is obtaining accurate position estimation, due to the lack of GPS signal underwater. This estimation is usually done with Kalman filters. However, new developments in the neuroscience field have shed light on the mechanisms by which mammals are able to obtain a reliable estimation of their current position based on external and internal motion cues. A new type of neuron, called Grid cells, has been …

Anti-Consumption In The Context Of Brand Relationships, Marc Fetscherin, Raghabendra Kc

Faculty Publications

This paper presents a conceptual model that outlines the various brand relationships consumers have with a special focus on negative brand relationships that relates to anti-brand behaviors.

Based on the empathy map, the model consists of four main parts: how consumers think (share of mind) and feel (share of heart) about brands, which in turn effects what consumers say (share of voice) and do (share of wallet) with them.

The model combines more than 40 branding concepts into one comprehensive, coherent, unified and easy-to-understand model where concepts are categorized by their degree of intensity.

Testing Encoding Specificity And The Diagnostic Feature-Detection Theory Of Eyewitness Identification, With Implications For Showups, Lineups, And Partially Disguised Perpetrators, Curt Carlson, Jacob A. Hemby, Alex R. Wooten, Alyssa R. Jones

Faculty Publications

The diagnostic feature-detection theory (DFT) of eyewitness identification is based on facial information that is diagnostic versus non-diagnostic of suspect guilt. It primarily has been tested by discounting non-diagnostic information at retrieval, typically by surrounding a single suspect showup with good fillers to create a lineup. We tested additional DFT predictions by manipulating the presence of facial information (i.e., the exterior region of the face) at both encoding and retrieval with a large between-subjects factorial design (N = 19,414). In support of DFT and in replication of the literature, lineups yielded higher discriminability than showups. In support of encoding specificity, …

Being Satisfied And Serving Communities As Outcomes Of Servant Leadership In The Academic Context: Policies Based On A Multi‑Level Structural Equation Model, Majid Ghasemy, Mahdi Akbarzadeh, James Eric Gaskin

Faculty Publications

There is a great emphasis on the importance of serving communities and the need to study servant leadership in recent higher education literature. Yet, academics’ community citizenship behavior has not been examined through applied research. To address these issues, our study aims at investigating the effects of two dimensions of servant leadership (behaving ethically and helping subordinates grow and succeed) on job satisfaction and community citizenship behavior. The context of our multi-level study is the Malaysian higher education. To estimate our theoretical model, we employed the EQS 6.4 statistical package and analyzed the data collected from 1876 lecturers from 120 …

Simulating Municipal Cybersecurity Incidents: Recommendations From Expert Interviews, Kira Gedris, Kayla Bowman, Aatish Neupane, Amanda Lee Hughes, Elizabeth Bonsignore, Ryan W. West, Jon Balzotti, Derek L. Hansen

Faculty Publications

As cyberattacks on city and public infrastructures become increasingly common and harmful, it is critical that we train the professional workforce to prepare and respond appropriately. This paper supports the development of educational simulations and related experiential learning exercises that help prepare city and public infrastructure personnel to effectively respond to cybersecurity attacks. Specifically, it synthesizes the findings from 8 expert interviews including 12 cybersecurity experts from federal, state, city organizations, as well as academics with relevant expertise. We organize the findings into key learning outcomes, scenarios, roles, and issues that simulation designers should consider. The result paints a vivid …

The Effects Of Metacognitive Listening Strategy Instruction On Esl Learners’ Listening Motivation, Grant Eckstein, Corbin Kalanikiakahi Rivera, Benjamin L. Mcmurry, David Eddington

Faculty Publications

Prior studies examining the effects of listening strategy instruction on motivation have shown a positive correlation between the two. However, the participants of these studies all shared a first language (L1) and were not enrolled in an intensive English program (IEP). This study aims to investigate the correlation between listening strategy instruction and listening motivation in an IEP classroom for students from different L1s. Listening motivation was recorded utilizing the English Listening Comprehension Motivation Scale (ELCMS), and strategy use was tracked with the Metacognitive Awareness Listening Questionnaire (MALQ). Pre- and post-test scores of 56 participants (control group, n=30; experiment group, …

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

Faculty Publications

Pillai Scores

Are they good measures?

• Often supported in meta-analyses (Nycz & Hall-Lew 2013, Kelley & Tucker 2020)
• Appear to be better than Euclidean distance, mixed-effects regression, spectral overlap, SOAM, VOACH, APP, etc.
• However, Bhattacharyya’s Affinity may be better suited for vowel data since it’s robust to skewed data. (Johnson 2015)

Implications:

Mergers are probably underreported and separation is probably overreported

• It takes a lot of data (more than many studies use) to get reliably low Pillai scores
• Mergers may be more common previously reported

Statistical significance should be reported

• Reporting p -values from MANOVA tests removes the need for …

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Varieties Of Adventists After 1844: Emerging From “Fanaticism Of Every Kind” Into “The Order Of Heaven”, David J. B. Trim

Faculty Publications

No abstract provided.