Digital Commons Network^™

The "Pink Ghetto" Pipeline: Challenges And Opportunities For Women In Legal Education, Renee Nicole Allen, Alicia Jackson, Deshun Harris

Faculty Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs …

Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola

Faculty Publications

Intellectual property law has intended benefits, but it also carries certain costs—deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual property. More …

Offensive Non-Mutual Issue Preclusion Revisited, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Some forty years ago, in Parklane Hosiery Co. v. Shore, the United States Supreme Court held that the rule of mutuality of estoppel was no longer an absolute bar to the invocation of issue preclusion for the benefit of a plaintiff who had been a stranger to the prior (F-1) litigation against a defendant who had been party to both the F-I and present (F-2) cases. In so ruling, the Supreme Court gave its imprimatur to Judge Traynor's dramatic takedown of the mutuality rule in Bernhard v. Bank of America National Trust and Savings Association nearly four decades …

Digital Information Technology Use And Patient Preferences For Internet-Based Health Education Modalities: Cross-Sectional Survey Study Of Middle-Aged And Older Adults With Chronic Health Conditions, Nancy P. Gordon, Elizabeth L. Crouch

Faculty Publications

Background: Health information, patient education, and self-management (health information and advice, HIA) tools are increasingly being made available to adults with chronic health conditions through internet-based health and mobile health (mHealth) digital information technologies. However, there is limited information about patient preferences for using specific types of health information and advice resources and how preferences and usage differ by age group and education.

Objective:The objective of this study was to examine how use of digital information technologies and preferred methods for obtaining health information and advice varies by age group and education among middle-aged and older adults with chronic …

A Decade Of Disability Depictions In Newbery Award Books, H. Grow, Sharon Black, K. Egan, Tina Taylor, K. Moss, Rachel L. Wadham, Mary Anne Prater

Faculty Publications

Newbery awards are conferred annually on books recognized as having made the most distinguished contribution to children’s literature; these books reach a wide audience, and their depictions of characters with disabilities can influence children's perceptions and attitudes toward individuals with disabilities. Eight Newbery Medal and Honor books chosen from 2010 to 2019 were identified as portraying 11 main or supporting characters with a disability. Six disabilities were represented: emotional disturbance, deafness, specific learning disability, speech/language impairment, orthopedic impairment, and traumatic brain injury. Applying the Rating Scale for Quality Characterizations of Individuals with Disabilities in Children’s Literature, we found most of …

Is It The Sex, The Romance, Or The Living Together? The Differential Impact Of Past Sexual, Romantic, And Cohabitation Histories On Current Relationship Functioning, Dean M. Busby, Brian J. Willoughby, Melissa L. Mcdonald

Faculty Publications

Before their current relationship, individuals may have had a variety of previous relationships such as romantic relationships, sexual relationships, and cohabiting relationships. In this study, we explored the common or shared influence of these 3 types of previous relationships, and the unique influence of each type, on current relationship functioning. With a sample oof more than 4,000 individuals we found that there was a significantly negative shared influence for previous romantic, sexual, and cohabitation relationships on current relationship attitudes, sexual satisfaction, commitment, and stability. The effects were largely similar for women and for men. It appears that on average the …

In Advanced L2 Reading Proficiency Assessments, Should The Question Language Be In The L1 Or The L2?: Does It Make A Difference?, Troy L. Cox, Jennifer Brown, Teresa R. Bell

Faculty Publications

When investigating foreign language (FL) proficiency in reading in higher education, one must first determine what proficient reading entails and how to operationalize it. The American Council on the Teaching of Foreign Languages (ACTFL) proficiency guidelines provide a starting point in this process, but they do not provide instructions for assessing reading. Clifford and Cox (Foreign Lang Ann 46(1):45–61, 2013) define proficient reading as “the active, automatic, far-transfer process of using one’s internalized language and culture expectancy system to efficiently comprehend an authentic text for the purpose for which it was written (p. 50).” According to this definition, reading is …

Variation In Interrogative Abverbials: Cuán, Qué Tan, Cómo De, And Lo+ Adj./Adv.+ Que, David E. Eddington

Faculty Publications

Cuán, qué tan, and cómo de are used to modify adverbs and adjectives in interrogatives. They are also used in embedded clauses along with lo+adj./adv.+que. Instances of these expressions were extracted from the Corpus del Español. In interrogatives, qué tan was the most frequent. The idea that cuán is archaic or limited to literary usage is not supported by these data. Cómo de is extremely infrequent except in Peninsular Spanish. In embedded clauses the frequency of these expressions appear in this order of frequency: lo+adj./adv.+que > qué tan > cuán > cómo de. In an experiment, speakers from Spain, Mexico, Puerto Rico, …

Impacts Of Marriage Legalization On The Experiences Of Sexual Minority Women In Work And Community Contexts, Angie Wootton, Laurie Drabble, Ellen Riggle, Cindy Veldhuis, Caitlin Bitcon, Karen Trocki, Tonda Hughes

Faculty Publications

The extension of marriage rights to same-sex couples in the United States provides an opportunity to examine how legalization of same-sex marriage has impacted the experiences of sexual minority women (SMW) in interactions within their extended social networks and local communities. Interviews were conducted with 20 SMW ranging in age from 23 to 75, with varying relationship statuses, and in different regions of the United States. Inductive thematic analysis of responses revealed both positive and negative/neutral impacts in 3 broad thematic areas: workplace dynamics and interpersonal interactions in the workplace, social interactions in extended social networks and local communities, and …

Exploring Website Gist Through Rapid Serial Visual Presentation, Justin W. Owens, Barbara S. Chaparro, Evan M. Palmer

Faculty Publications

No abstract provided.

The Lived Experience Of Work And Career Among Individuals With Bipolar Disorder: A Phenomenological Study Of Discussion Forum Narratives, Susan R. Rathbun-Grubb

Faculty Publications

Individuals with invisible chronic illnesses are often at a disadvantage in the workplace in terms of job security, promotion, and occupational success. Because little is known about the use of public online support forums to help patients with mental health disorders cope with the impact their illness has on their work and career, this research identifies and examines online forum posts related to employment by contributors with bipolar disorder. Seven percent of the total eligible posts from four discussion forums (n = 7,712) contained mentions of work and career (n = 572). A thematic analysis of the 572 posts is …

A Comparative Study Of Perceptions And Use Of Google Scholar And Academic Library Discovery Systems, Mónica Colón-Aguirre, K. E. Oh

Faculty Publications

Google Scholar and academic library discovery systems are both popular resources among academic users for finding scholarly information. By conducting an online survey with 975 users from more than 20 public research universities across the United States, this study comparatively investigates how and why academic users use these two resources. Results show that the ways participants used both resources were similar, and both were perceived as highly accessibleand useful. Academic library discovery systems’ perceived comprehensiveness, subjective norm, loyalty, and intended use were higher than Google Scholar, while Google Scholar’s perceived ease of use, system quality, and satisfaction were higher than …

A Knowledge Lens: Humans In Action, Darin S. Freeburg

Faculty Publications

Every member of a social system sees that system in a particular way. This essay outlines a

new way of seeing the uniquely human characteristics in these systems, with particular attention to what happens when this view is taken. Termed the Knowledge Lens, this view embraces complexity, sees the potential of innovation through conversation, and understands the barriers limiting the traditionally assumed powers of data, information, and knowledge. This lens is approached within the context of ensuring that graduates of a Knowledge School are equipped with the tools and understanding necessary to facilitate positive change and increase human agency--both in …

The Role Of Pressure Groups And Problem Definition In Crafting Legislative Solutions To The Opioid Crisis, Taleed El-Sabawi

Faculty Publications

Organized interest groups and federal administrative agencies have historically been influential in defining problem drug use during nationwide crisis. As such, the manner in which these pressure groups defined the problem may have influenced or, at least, provided support for legislators’ decisions to shy away from a criminal justice approach and towards acceptance of a more “health-oriented” — one that did not comprehensively address demand factors or demonstrate a commitment to reforming U.S. drug policy to meet international standards of best practice. In an effort to provide a snapshot of what such involvement may look like, this article explores the …

Half-Baked: The Science And Politics Of Legal Pot, Joelle A. Moreno

Faculty Publications

Weed, herb, grass, bud, ganja, Mary Jane, hash oil, sinsemilla, budder, and shatter. Marijuana – whether viewed as a medicine or intoxicant – is fast becoming a part of everyday life, with the CDC reporting 7,000 new users every day and the American market projected to grow to $20 billion by 2020. Based on early campaign rhetoric, by that same year the U.S. could have a pro-marijuana president.

Despite its growing acceptance and popularity, marijuana remains illegal under federal law. Like heroin, LSD, and ecstasy, marijuana is a DEA Schedule I drug reflecting a Congressional determination that marijuana is both …

Using Science To Build Better Learners: One School's Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis N. Schulze Jr.

Faculty Publications

What measures can law schools take to improve student performance and bar passage? The answer is not what you think.

Recent developments in the science of learning show that most law students learn wrong. In fact, ineffective methods of learning pervade all levels of education. We now know that widely accepted learning and study strategies that were once considered gospel are actually deeply flawed. Yet we still embrace and propagate those myths.

Meanwhile, bar passage rates and law student performance are plummeting. Everyone in legal education is asking “what can we do?” But, “what can we do?” is the wrong …

Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi

Faculty Publications

Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …

Depression, Religiosity, And Parenting Styles Among Young Latter-Day Saint Adolescents, Mark D. Ogletree, W. Justin Dyer, Michael A. Goodman, Courtney Kinneard, Bradley W. Mccormick

Faculty Publications

This study examines depression among Latter-day Saint teens, particularly how religiosity and the parent–child relationship are associated with depressive symptomology. Although there is an abundance of research on adolescent depression and on adolescent religiosity, there is less research addressing the connection between the two. The research questions include: Does religiosity among Latter-day Saint teens reduce their rates of depression? What aspects of religiosity affect depression most significantly? How does religious coping influence depression? How does the parent–child relationship affect depression rates among Latter-day Saint teens? Being a sexual minority and living in Utah were related to higher levels of depression. …

Robotic Process Automation In Public Accounting, Lauren A. Cooper, D. Kip Holderness, Trevor L. Sorensen, David A. Wood

Faculty Publications

This study investigates the adoption and use of Robotic Process Automation (RPA) software— often referred to as bots—in the public accounting industry. Accounting firms use RPA software to automate the input, processing, and output of data across computer applications in order to streamline repetitive and mundane business processes. We conducted individual, semi-structured interviews with 14 accounting professionals including at least two RPA leaders at each of the Big 4 accounting firms to gain insights into how RPA software is currently being used. Interviewees note that bots are implemented in all areas of the firm but have gained the most traction …

Parenting Adolescents In Today’S World, Alina M. Baltazar

Faculty Publications

No abstract provided.

Beyond English Only: Addressing Language Interpretation In Professional Psychology Training, Timothy B. Smith, Clay A. Frandsen, Derek Griner, Domenech Rodriguez, Guillermo Bernal

Faculty Publications

Professional guidelines direct that psychologists working with clients with limited English proficiency should involve an interpreter if a mental health professional fluent in the client’s language is unavailable. However, complexities of interpreted therapy require training. We describe nine relevant areas of trainee skill acquisition and also surveyed 102 multicultural course instructors in APA-accredited psychology programs regarding current professional training. Only 55 (54%) instructors reported providing any training on working with language interpreters, with 16 (16%) providing more than 2 hours of training. Instructors ranked nine proposed skill areas and gave recommendations for over coming barriers and working with interpreters to …

Parental Influence On Mate Selection In Modern Chinese Society, Szu-Yu Lin, Richard B. Miller, Li Ping Su-Kubricht, Jason Whiting, Roy Bean, Chih-Han Hsieh, Tsui-Shan Li

Faculty Publications

Traditional patterns of mate selection in Chinese societies involving arranged marriages by parents have been changing towards individual choice of a marriage partner. However, it is unclear to what extent this transition has occurred in Chinese society. The values and experiences of contemporary Chinese adults about parental influences on mate selection were addressed by conducting six focus groups in Taipei, Taiwan, which included a total of 51 participants. The results from qualitative analysis indicated that most participants did not feel obligated to have their parents' influence who they would marry. However, most of them wished for their parents to approve …

Online Blaming And Intimate Partner Violence: A Content Analysis Of Social Media Comments, Jason B. Whiting, Rachael Dansby Olufuwote, Jaclyn D. Cravens-Pickens, Alyssa Banford Witting

Faculty Publications

Social media has become a ubiquitous form of interacting and sharing information. However, comments on social media sites are often aggressive and contemptuous, especially when topics are controversial or politically charged. For example, discussion of intimate partner violence (IPV) tends to provoke strong reactions from outsiders, who make angry or blaming remarks about those involved. Although IPV is common, it has not been widely discussed in popular media until recent years when high-profile cases of abuse have come to light. In 2016, a celebrity accusation of domestic violence led to thousands of comments on social media, with outsiders weighing in …

Faith, Feminism, And Marriage: Institutions, Norms, And Relationship Quality, Jason S. Carroll, Spencer James, W. Bradford Wilcox, Richard Reeves, Laurie Derose

Faculty Publications

In this essay, we explore the links between religion and relationship quality for cohabiting and married couples. Our evidence from an 11-country sample suggests men and women in highly religious couples enjoy significantly higher levels of relationship quality and sexual satisfaction. Joint decision-making, however, is higher among men in shared secular relationships and women in highly religious relationships, compared to their peers in less/mixed religious couples. We also find a J-Curve in overall relationship quality for women such that women in shared secular, progressive relationships enjoy comparatively high levels of relationship quality, women in the ideological and religious middle report …

Longitudinal Influence Of Shared Marital Power On Marital Quality And Attachment Security, Nathan D. Leonhardt, Brian J. Willoughby, W. Justin Dyer, Jason S. Carroll

Faculty Publications

Spouses perceiving that they have shared power in marriage has been linked to higher marital quality and attachment security. Existing research, however, is limited in assessing how these perceptions influence both spouses and whether these influences endure over time. To address these limitations, we analyzed the longitudinal relationship reports from 319 couples from the Flourishing Families Project (FFP) to estimate biyearly (Waves 1, 3, and 5) and yearly (Waves 3–5) longitudinal actor-partner interdependence models. Reporting shared power in marriage was linked to the actors’ higher marital quality and lower attachment insecurity over time (although less consistently for attachment insecurity). Longitudinal …

“And He Was Anti-Christ”: The Significance Of The Eighteenth Year Of The Reign Of The Judges, Part 2, Daniel Belnap, Daniel L. Belnap, Daniel Belnap, Dan Belnap

Faculty Publications

For the Nephites, the sixteenth year of the reign of the judges was tremendously difficult. The arrival of the people of Ammon, in itself an incredible disruption of Nephite society, precipitated a battle, which Mormon describes as a “tremendous battle; yea, even such an one as never had been known among all the people in the land from the time Lehi left Jerusalem” (Alma 28:2). The dead, we are told, were not counted due to their enormous number. These events compounded the pre-existing struggles that resulted from the sociopolitical fallout from the reforms of Mosiah2 . 1 Though Alma 30:5 …

The Free-Market Family And Children’S Caretaking, Maxine Eichner

Faculty Publications

No abstract provided.

The Modern Case For Withholding, Kathleen Delaney Thomas

Faculty Publications

Who is responsible for paying taxes to the government? Currently, the answer depends on one’s employment status. Employees enjoy the luxury of not having to think about tax remittance during the year because their employers withhold taxes from their paychecks. Non-employees, on the other hand, face a much more onerous system. They must keep track of and budget for taxes during the year, make quarterly remittances to the IRS, and may face penalties for failing to do so. Although this regime has been in place for many decades, there are several reasons why reform may be in order.

First, the …

Age Discrimination By Platforms, Ifeoma Ajunwa

Faculty Publications

This Article explores how platforms in the workplace (both social media and hiring platforms) might enable, facilitate, or contribute to age discrimination in employment. The Article starts with evidence of age discrimination on work platforms particularly with regard to design elements, such as the availability of age-related proxies. The article then describes how these platforms use practices that redline, cull, or dissuade older job applicants. It then presents the challenging legal issues raised by the mediation of discriminatory employment practices by an information intermediary in the form of a platform, notably the problems of meeting the burden of proof and …

Consumer Remedies For Civil Rights, Kate Sablosky Elengold

Faculty Publications

No abstract provided.