Digital Commons Network^™

Corporate Compliance That Advances Racial Diversity And Justice And Why Business Deregulation Does Not Matter, Cheryl L. Wade

Faculty Publications

This Essay considers the problem of racial harassment and discrimination in the aftermath of the recent and more thorough discussion about gender inequality. It begins by explaining the inadequacies of the SEC Board Diversity Rules and Section 342. It then describes the reasons why, despite these inadequacies, more regulation relating to discrimination and diversity is not needed. Finally, it discusses how to improve U.S. businesses’ compliance with existing antidiscrimination law.

Textualism And Statutory Precedents, Anita S. Krishnakumar

Faculty Publications

This Article seeks to shed light on a little-noticed trend in recent U.S. Supreme Court statutory interpretation cases: The Court’s textualist Justices—or at least some subset of them—have proved remarkably willing to abandon stare decisis and to argue in favor of overruling established statutory interpretation precedents. This is especially curious given that statutory precedents are supposed to be sacrosanct; Congress, rather than the Court, is the preferred vehicle for correcting any errors in the judicial construction of a statute and courts are to overrule such constructions only in rare, compelling circumstances. What, then, accounts for the textualist Justices’ brazen willingness …

Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia G. Montana

Faculty Publications

In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.

Because the Good Samaritan law in Florida, like in most …

Validation And Verification Vignettes: More Results From An Empirical Study Of Consumer Understanding Of Debt Collection Validation Notices, Jeff Sovern, Kate E. Walton, Nathan Frishberg

Faculty Publications

The Federal Fair Debt Collection Practices Act obliges debt collectors to provide certain notices to consumers from whom they are attempting to collect debts. This Article is our second to report findings from the first academic study of consumer understanding of one of those notices, commonly called the validation notice. We showed consumers different versions of collection letters and then asked questions to measure their understanding of the notices.

This Article explores some issues not discussed in our first Article. For example, in this Article, we examine what consumers thought collectors would have to do in response to a request …

Financial Exploitation Of The Elderly: An Overview Of Regulatory Action, Christine Lazaro

Faculty Publications

(Excerpt)

Financial exploitation of the elderly is a significant problem, which is only getting worse over time. A study by MetLife estimated that seniors lost $2.9 billion as a result of financial abuse, recognizing that the number was likely low due to underreporting of abuse. Each year, the elder population increases as the baby boomer generation ages. By the year 2050, it is estimated that 83.7 million people will be aged 65 or older, double what it was in 2012.

Interrogation Parity, Kate Levine, Stephen Rushin

Faculty Publications

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

#Socialjustice: Combatting Implicit Bias In An Age Of Millennials, Colorblindness, & Microaggressions, Renee Nicole Allen, Deshun Harris

Faculty Publications

Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems. While academic support originally focused on racial integration in law schools, today’s Academic Support professionals support students who are diverse in various ways. As professionals, we cannot assume that our diverse students do not carry bias. Implicit bias, a bias one is not consciously aware of, has the ability to …

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution, Elayne E. Greenberg

Faculty Publications

This paper proposes a radical departure from the status quo approach to securing a client’s informed consent about settlement options and refocuses informed consent practice back to what informed consent is about, the client. As it exists today, the status quo approach to securing a client’s informed consent about whether or not to use an alternative dispute resolution procedure to resolve the client’s case is inadequate. It thwarts a client’s right to exercise party self- determination and stymies a client’s ability to make informed justice choices. Lawyers, courts, ADR providers and neutrals routinely provide litigants with generic information about the …

Social Skills And Students With Moderate To Severe Disabilities: Can Community Based Instruction Help?, Carissa Hernandez, Saili S. Kulkarni

Faculty Publications

The purpose of this research study was to determine how Community Based Instruction (CBI) affects the social skills of middle school students with moderate to severe disabilities. Existing literature is limited in findings related to the influence of CBI on middle school students with moderate to severe disabilities. This qualitative study was completed using interviews and observations. Participants included students, teachers, and paraprofessionals from a middle school in Southern California. The findings of this study are intended to support the use of CBI in middle school special education classrooms and to demonstrate how a functional program can improve the social …

From The Ground Up: Providing Support To Emergent Bilinguals To Distinguish Language Difference From Disability, Andrea Golloher, David Whitenack, Lisa Simpson, Donna Sacco

Faculty Publications

National Assessment of Educational Progress (NAEP) data reveal that students with disabilities who are emergent bilinguals (English language learners) have the lowest levels of profficiency in reading and mathematics among all student groups. We consider issues related to the instruction of emergent bilinguals, including those identified as having specific learning disabilities, using a Response to Intervention (RTI)/Multi-Tiered Systems of Support (MTSS) model. In so doing, we argue that instructional practices consistent with a robust Tier 1 framework are beneficial to emergent bilinguals with and without learning disabilities while differentiating Tier 2 and 3 interventions may improve outcomes for emergent bilingual …

Combat Neuroses And The Battle Of Little Big Horn, Albert Winkler

Faculty Publications

Combat stress first became a subject of much academic inquiry in the 20th century, but soldiers certainly suffered from mental problems in the 19th century as well as a result of battle, including the Little Big Horn. The purpose of this study is to examine how the stress of the Little Big Horn disturbed the participating trooper mentally and how these men suffered from symptoms related to combat neurosis such as panic, insanity, and irrational behavior which the men demonstrated during the battle and afterward.

From Big Ag To Campus Cafeterias: Intersections Of Food-Supply Networks As Technical Communication Pedagogy, Jessie Lynn Richards, Joshua Lenart, David Sumner, Douglas Christensen

Faculty Publications

This article presents a pedagogical approach to teaching technical and professional writing with an eye toward cultivating awareness and generating informed research among undergraduate students about food production and its various, intricate networks between Big Ag and campus cafeterias. Our pedagogy, influenced by interdisciplinary content, is designed to teach students to differentiate between food processes—such as production versus distribution and consumption—by viewing these networks as communicative practices rather than as inevitable chains or simple functions of one another. Our approach encourages students to locate and analyze differences between interdependent, but seemingly disparate pathways and to make visible communicative intersections that …

Pragmatism And Pluralism: A Moral Foundation For Stakeholder Theory In The 21st Century, Paul C. Godfrey, Ben William Lewis

Faculty Publications

Donaldson and Preston (1995) defined the three pillars of stakeholder as descriptive, instrumental, and normative. Because of their close alignment between the instrumental and normative pillars and the moral philosophies of utilitarianism and deontology, the latter became the default moral foundations of stakeholder theory. In this chapter, we argue that the moral foundation of the descriptive pillar, pragmatism, provides a moral foundation for twenty-first century stakeholder theory. As we show, pragmatism and its close cousin pluralism fits a stakeholder theory concerned with the descriptive questions that characterize current work in stakeholder theory. Pragmatism and pluralism both see eudemonia, or human …

An Exploration Of The Role Of Religion And Spirituality In The Treatment And Recovery Of Patients With Eating Disorders, P. Scott Richards, Michael E. Berrett, Carrie L. Caoili, Sabree A. Crowton, Randy K. Hardman, Russell N. Jackson, Peter W. Sanders

Faculty Publications

This article reports two qualitative studies that explored how religion and spirituality (R/S) influenced the treatment and recovery process of patients with eating disorder. In Study 1 and Study 2, a total of 83 women who had successfully completed treatment at an inpatient eating disorder treatment center responded to open-ended survey questions about the role of R/S in their recovery. Twelve of the women in Study 2 participated in follow-up phone interviews. Qualitative analysis of survey responses and interview transcripts indicated that although many women believed R/S contributed to the development and maintenance of their eating disorder, most of them …

Teachers' Interactions With A Young Child With: Comparing Ipad And Non-Ipad Use, Sohyun Meacham, Saeed Almalki

Faculty Publications

The purpose of this study was investigating teachers' interaction with a young child with ASD when they were using iPad to support language and communication skills development. A case study method was applied. Business-as-usual classroom interaction was analyzed. Utterances were divided into two conditions (iPad-use and non-iPad-use) to compare effectiveness on supporting the child's engagement in teacher-child interaction. In addition, interviews with teachers were conducted to collect more information about their own perspectives regarding iPad use with the student with ASD. Results of the study indicate that child-teacher joint attention and teachers' verbal assistance happened more frequently when iPad was …

Evaluating Smartphones For Infrastructure Work Order Management, Victor L. Guinn, Brent T. Langhals, John J. Elshaw

Faculty Publications

Infrastructure managers require timely and accurate state information to diagnose, prioritize, and repair the substantial infrastructure assets supporting modern society. Challenges in obtaining sufficient information can often be attributed to inadequate data collection procedures (phone calls, paper reports, etc.) or a general lack of knowledge or ability on the part of the reporting individual to accurately convey what is actually wrong with the facility. Fortunately, modern smart-phone technology offers the potential to improve maintenance work requests by providing better geolocation and problem description accuracy. An experiment simulating real-world maintenance requests was conducted comparing smart-phones with traditional verbal work order request …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Housing Defense As The New Gideon, Kathryn A. Sabbeth

Faculty Publications

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …

A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner

Faculty Publications

No abstract provided.

From Ordinary To Extraordinary: A Framework Of Experience Types, Mat D. Duerden, Neil R. Lundberg, Peter Ward, Stacy T. Taniguchi, Brian Hill, Mark A. Widmer, Ramon Zabriskie

Faculty Publications

Understanding the nature of, and how to design, structured experiences has become an increasingly salient topic for academics and professionals over the past two decades. Despite the rise in interest in experiences, the related academic literature is fragmented and often atheoretical. To address this situation, this article presents a framework of experiences—including construct definitions and propositions— to help guide the research and design experiences. The framework considers the realm of all possible experiences from subconscious to conscious and subdivides conscious experiences into ordinary and extraordinary dimensions. The framework further classifies extraordinary experiences as memorable, meaningful, and transformational. The distinction between …

Turkish Family Life: A Study Of Family Leisure, Family Functioning, And Family Satisfaction, Ramon Zabriskie, Nese Aslan, Mikale Williamson

Faculty Publications

The purpose of this study was to examine the contribution of family leisure involvement and family leisure satisfaction to the explanation of variance in family functioning and satisfaction with family life among Turkish families using the core and balance framework. The sample (n D 509) consisted of families (parents and youth ages 11–16 years) from Izmir, Turkey. Findings indicate significant positive relationships between family leisure variables and all family functioning and satisfaction variables from both the parent and youth perspectives. These findings are similar to those from family samples in other Western/industrialized countries, emphasizing the significant role of family leisure …

Measurement Of Deep Structured Experiences As A Binary Phenomenon, Gary D. Ellis, Patti A. Freeman, Jingxian Jiang, Andrew Lacanienta

Faculty Publications

We developed a procedure for measuring ‘deep structured experiences’ based on a conceptualization of such experiences being binary (i.e. present or absent at a given moment) rather than continuous. Deep structured experiences are heightened states of attention and motivation that may occur during a distinct period of activity. This binary approach is consistent with definitions of similar concepts, such as Maslow’s [1962. “Lessons from the Peak-Experiences.” Journal of Humanistic Psychology 2 (1): 9–18] description of ecstasy, Csikszentmihalyi’s [1975. Beyond Boredom and Anxiety. San Francisco: Jossey-Bass] description of flow, and Ackerman’s [1999. Deep Play. New York: Vintage Books] description of deep …

Neighborhood Effects On Speculative Behavior, Todd Mitton, Keith Vorkink, Ian Wright

Faculty Publications

Speculative behavior plays a key role in numerous markets, but little is known about its causes. We test for neighborhood effects on speculative behavior using daily lottery sales data from 20 states in the U.S. In a sample of 160,000 retailers, lottery sales in a census block increase by $0.26, on average, for each $1 increase in neighboring blocks. We test whether this correlation is attributable to contextual effects, correlated effects, or endogenous effects. Our analysis suggests that social interaction is an important cause of speculative behavior.

Behavioral Household Finance, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

This chapter provides an overview of household finance. The first part summarizes key facts regarding household financial behavior, emphasizing empirical regularities that are inconsistent with the standard classical economic model and discussing extensions of the classical model and explanations grounded in behavioral economics that can account for the observed patterns. This part covers five topics: consumption and savings, borrowing, payments, asset allocation, and insurance. The second part addresses interventions that firms, governments, and other parties deploy to shape household financial outcomes: education and information, peer effects and social influence, product design, advice and disclosure, choice architecture, and interventions that directly …

A Reference Framework For Conceptual Modeling, Lois M. L. Delcambre, Stephen W. Liddle, Oscar Pastor, Veda C. Storey

Faculty Publications

With decades of contributions and applications, conceptual modeling is very well-recognized in information systems engineering. However, the importance and relevance of conceptual modeling is less well understood in other disciplines. This paper, through an analysis of existing research and expert opinions, proposes a reference framework for conceptual modeling to help researchers and practitioners position their work in the field, facilitate discussion among researchers in the field, and help researchers and practitioners in other fields understand what the field of conceptual modeling has to offer as well as contribute to its continued, extended influence in multiple domains.

Sleep Disturbances And Depression Severity In Patients With Parkinson’S Disease, Daniel Kay, Jared J. Tanner, Dawn Bowers

Faculty Publications

Objectives: Parkinson’s disease (PD) is a multisystem movement disorder associated with sleep disturbance and depression. Sleep disturbances and depression severity share a bidirectional association. This association may be greater in individuals who are more vulnerable to the deleterious consequences of sleep disturbance and depression severity. We investigated whether the association between sleep disturbances and depression severity is greater in patients with PD than in matched controls (MC).

Materials and Methods: The study sample (N = 98) included 50 patients with idiopathic PD and 48 age-, race-, sex-, and education-matched controls. Sleep disturbances were assessed using self-reported total sleep time (TST) …

The Economics Of Entrepreneurship, Leticia Camacho

Faculty Publications

Parker (Univ. of Western Ontario, Canada) analyzes the connection between economics and entrepreneurship. Specifically, he shows how academic studies such as economics, policy, and social issues relate to entrepreneurship. The book is organized in four parts: selection (theories, empirical methods, determinants, and evidence), finance (debt, venture capital, angel finance, crowd-funding, wealth, etc.), performance (growth, job creation, innovation, survival, etc.), and public policy (policies, regulation, taxation, etc.). At the end of each, a concluding section provides a summary, a list of opportunities for future research, an extensive reference section, and an index.

The Role Of Chaplains In Leadership Development And Conflict Management: A Reflection On Acts 15:36-41, Boubakar Sanou

Faculty Publications

No abstract provided.

The Litigators: Perceptions Of Predictability, Definitions Of A Good Outcome, And An Alternative To Mass Tort Trials, Lisa K. Dicker, Shane K. Hebel

Faculty Publications

(Excerpt)

A pervasive theme in our understanding of civil legal disputes is the “big case”; that is, the generic mass tort that pits sympathetic clients against shadowy, villainous corporations. In John Grisham’s stories about these cases, a David-and-Goliath legal battle ensues, the parameters of the law shift, the attorneys’ ethics stretch, and the author uses characters to reveal both sides’ deep secrets unwillingly—and sometimes unwittingly. Ultimately, the case leads to a “win” for one side or the other—either a huge payday for the clients and a large percentage-based fee for the lawyers who stumbled across it, or a corporation that …