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Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill Jan 2011

Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill

Faculty Publications

Within constitutional law, children’s rights have suffered from severe neglect. The issue of parents’ constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court’s 199 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from generally applicable laws - such as those requiring parents to ensure that their children receive appropriate medical care - Smith has changed little in this realm, and if anything, it has only confused matters, highlighting the intractable nature of the issue. While Smith …


Earnings Management And Long-Run Stock Underperformance Of Private Placements, Steven D. He, D. Yang, L. Guan Jan 2011

Earnings Management And Long-Run Stock Underperformance Of Private Placements, Steven D. He, D. Yang, L. Guan

Faculty Publications

The study investigates whether private placement issuers manipulate their earnings around the time of issuance and the effect of earnings management on the long-run stock performance. We find that managers of U.S. private placement issuers tend to engage in income-increasing earnings management in the year prior to the issuance of private placements. We further speculate that earnings management serves as a likely source of investor over-optimism at the time of private placements. To support this speculation, we find evidence suggesting that the income-increasing accounting accruals made at the time of private placements predict the post-issue long-term stock underperformance. The study …


Gender-Based Insecurity And Opportunities For Peace: Supporting The Reintegration Of Young War-Affected Mothers, Miranda E. Worthen, S Mckay, A Veale, M Wessells Jan 2011

Gender-Based Insecurity And Opportunities For Peace: Supporting The Reintegration Of Young War-Affected Mothers, Miranda E. Worthen, S Mckay, A Veale, M Wessells

Faculty Publications

No abstract provided.


An Excel Worksheet For Proportion-Judgment Analyses On Number-Line Data, Emily Slusser, Hilary Barth Jan 2011

An Excel Worksheet For Proportion-Judgment Analyses On Number-Line Data, Emily Slusser, Hilary Barth

Faculty Publications

No abstract provided.


Absorptive Capacity At The Individual Level: Linking Creativity To Innovation In Academia, Ashley R. Davis, N. Da Silva Jan 2011

Absorptive Capacity At The Individual Level: Linking Creativity To Innovation In Academia, Ashley R. Davis, N. Da Silva

Faculty Publications

The absorptive capacity construct has been examined across various country, interorganization, and organizational level phenomena. This paper presents a framework that adopts the absorptive capacity framework to explain the relationship between creative and innovative performance at the individual level. The framework is illustrated by predicting research scholarship among university faculty.


Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent Jan 2011

Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent

Faculty Publications

America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for …


“Google Reigns Triumphant”?: Stemming The Tide Of Googlitis Via Collaborative, Situated Information Literacy Instruction, Carol A. Leibiger Jan 2011

“Google Reigns Triumphant”?: Stemming The Tide Of Googlitis Via Collaborative, Situated Information Literacy Instruction, Carol A. Leibiger

Faculty Publications

Googlitis, the over-reliance on search engines for research and the resulting development of poor searching skills, is a recognized problem among today’s students. Google is not an effective research tool because, in addition to encouraging keyword searching at the expense of more powerful subject searching, it only accesses the Surface Web and is driven by advertising. American higher education unwittingly fosters the use of search engines in research by emphasizing results rather than process. Academic librarians emulate teaching faculty in their reliance on lectures, and their course-related instruction is limited in its effectiveness because it is constrained to one-shot, lecture-driven …


“Google Reigns Triumphant”?: Stemming The Tide Of Googlitis Via Collaborative, Situated Information Literacy Instruction, Carol A. Leibiger Jan 2011

“Google Reigns Triumphant”?: Stemming The Tide Of Googlitis Via Collaborative, Situated Information Literacy Instruction, Carol A. Leibiger

Faculty Publications

Googlitis, the overreliance on search engines for research and the resulting development of poor searching skills, is a recognized problem among today’s students. Google is not an effective research tool because, in addition to encouraging keyword searching at the expense of more powerful subject searching, it only accesses the Surface Web and is driven by advertising. American higher education unwittingly fosters the use of search engines in research by emphasizing results rather than process. Academic librarians emulate teaching faculty in their reliance on lectures, and their course-related instruction is limited in its effectiveness because it is constrained to one-shot, lecture-driven …


A Picture Of Eight Turtles: The Child’S Understanding Of Cardinality And Numerosity, Emily Slusser, B Sarnecka Jan 2011

A Picture Of Eight Turtles: The Child’S Understanding Of Cardinality And Numerosity, Emily Slusser, B Sarnecka

Faculty Publications

An essential part of understanding number words (e.g., eight) is understanding that all number words refer to the dimension of experience we call numerosity. Knowledge of this general principle may be separable from knowledge of individual number word meanings. That is, children may learn the meanings of at least a few individual number words before realizing that all number words refer to numerosity. Alternatively, knowledge of this general principle may form relatively early and proceed to guide and constrain the acquisition of individual number word meanings. The current article describes two experiments in which 116 children (2½- to 4-year-olds) were …


A Sense Of Proportion: Commentary On Opfer, Siegler, And Young, H Barth, Emily Slusser, D Cohen, A Paladino Jan 2011

A Sense Of Proportion: Commentary On Opfer, Siegler, And Young, H Barth, Emily Slusser, D Cohen, A Paladino

Faculty Publications

No abstract provided.


Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr. Jan 2011

Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr.

Faculty Publications

This Article examines a problem that exists in law school academic support programs. While many schools now include extensive academic support opportunities within their curricula, some schools make the choice that more modest investments in these programs are warranted. Obviously, funding such programs is expensive, and law school administrations understandably are reticent to finance such endeavors absent guarantees of results. As such, scholars have attempted to prove, empirically, that law school academic support programs (ASPs) lead to demonstrable results in terms of improvements in student performance in law school and on the bar exam. Setting aside that important project, I …


An Overview Of The Capital Jury Project For Military Practitioners: Jury Dynamics, Juror Confusion, And Juror Responsibility, Eric R. Carpenter Jan 2011

An Overview Of The Capital Jury Project For Military Practitioners: Jury Dynamics, Juror Confusion, And Juror Responsibility, Eric R. Carpenter

Faculty Publications

No abstract provided.


Framework For Female Entrepreneurship In China, Ilan Alon, Shengliang Deng, Xu Wang Jan 2011

Framework For Female Entrepreneurship In China, Ilan Alon, Shengliang Deng, Xu Wang

Faculty Publications

Entrepreneurial activity by women in the China has become more active in recent years with much greater attention being paid within and outside of China. Academic research has sought to describe current conditions and future trends; however, there has been little systematic research done in this area. The aim of this paper is to provide a clear picture of the general background and characteristics of Chinese female entrepreneurship based on Eastern cultural features. In addition, an entrepreneurial conceptual model about mainland Chinese women's entrepreneurial activity is presented and a case study is used for illustration.


Organizational Management Of Conflicting Professional Identities, Cassandra Burke Robertson Jan 2011

Organizational Management Of Conflicting Professional Identities, Cassandra Burke Robertson

Faculty Publications

Professionals in the military have suffered criticism for their failure to counter military excess in the so-called "War on Terror" - especially in the area of torture and maltreatment of detainees. Much of the criticism leveled against such professionals has assumed that they were bad actors who were making a conscious choice to avoid the strictures of their code of ethics. This Article counters that narrative by applying identity theory to offer a more situations explanation. It argues that some of these professional failures arise from the cognitive incentives faced by individuals in an organization that rewards organizational deference over …


Promising Practices For Els With Special Needs, Aydin Bal, Hyun Khang, Saili Kulkarni, Margaret Mbeseha Jan 2011

Promising Practices For Els With Special Needs, Aydin Bal, Hyun Khang, Saili Kulkarni, Margaret Mbeseha

Faculty Publications

The majority of ELs are educated in urban schools where they often face substandard learning opportunities, under-qualified teachers, unchallenging curricula, lack of specialized resources, culturally irrelevant assessment and instructional practices, prejudice, and de facto racial segregation [1]. To improve academic and social outcomes for this population of students, educators working with ELs with suspected or identified LDs should focus on the following three areas.


A Closer Look At Co-Rumination: Gender, Coping, Peer Functioning And Internalizing/Externalizing Problems, Tanya L. Tompkins, Ashlee R. Hockett, Nadia Abraibesh, Jody L. Witt Jan 2011

A Closer Look At Co-Rumination: Gender, Coping, Peer Functioning And Internalizing/Externalizing Problems, Tanya L. Tompkins, Ashlee R. Hockett, Nadia Abraibesh, Jody L. Witt

Faculty Publications

Co-rumination, defined as repetitive, problem-focused talk, explains higher levels of friendship quality in youth (Rose, 2002) and increased levels of anxiety/depression in females. Middle adolescents (N=146) participated in a study of co-rumination, individual coping, externalizing/internalizing problems, and peer functioning. Consistent with past research, girls reported higher levels of co-rumination and internalizing symptoms. Co-rumination was also positively correlated with self-reports, but not teacher reports, of anxiety/depression and aggressive behavior. Both self-reported number of friends and teacher-rated social acceptance were negatively associated with co-rumination. Co-rumination partially accounted for the significant indirect effect of gender on internalizing symptoms. Additionally, co-rumination was …


A Content Analysis Of Indirect, Verbal, And Physical Aggression In Television Programs Popular Among School-Aged Girls, Jennifer Ruh Linder, Kelsey Ann Lyle Jan 2011

A Content Analysis Of Indirect, Verbal, And Physical Aggression In Television Programs Popular Among School-Aged Girls, Jennifer Ruh Linder, Kelsey Ann Lyle

Faculty Publications

A content analysis of indirect, verbal, and physical aggression was conducted of 77 hours of television programming popular among fifth grade girls. Eighty-eight percent of programs contained aggression. Physical aggression occurred at a rate of 9.6 acts per hour, whereas indirect and verbal aggression occurred at a rate of 3.7 and 2.8 acts per hour, respectively. Rates of aggression varied by gender, age, and attractiveness of perpetrators, as well as by relationship between perpetrator and victim. Additionally, motivation and consequences of aggressive acts varied by form of aggression. Implications of the findings are discussed in light of current research and …


Miracles In Indian Buddhist Narratives And Doctrine, David V. Fiordalis Jan 2011

Miracles In Indian Buddhist Narratives And Doctrine, David V. Fiordalis

Faculty Publications

Despite the fact that scholars have recognized for a long time that Buddhist literature contains numerous marvelous and fantastic events, there have been reservations about the use of the word “miracle” in the context of Buddhism. This article addresses the notion of wonder and wonderment, and specifically miracles, in South and Southeast Asian Buddhist literature and traditions.


“We Need A Showing Of All Hands”: Technological Utopianism In Make Magazine, Susan Currie Sivek Jan 2011

“We Need A Showing Of All Hands”: Technological Utopianism In Make Magazine, Susan Currie Sivek

Faculty Publications

Make magazine is a quarterly publication focused on do-it-yourself projects involving technology and innovation. The magazine also sponsors a biannual event, the Maker Faire, that brings “makers” together to share their knowledge. As a strategy for building audience loyalty and identification with the magazine, the Make products are skillfully crafted. However, they also invoke ideals such as environmentalism and nationalism in a potent mix that not only engages readers, but also represents an additional cultural demonstration of the phenomenon of technological utopianism.


Teacher Educators Under Surveillance At A Religious University, Genevieve Harris Jan 2011

Teacher Educators Under Surveillance At A Religious University, Genevieve Harris

Faculty Publications

The purpose of this paper is to examine how institutional norms are enforced through surveillance and self-discipline among teacher educators at a religious university. The study builds on prior research regarding university norms and surveillance, as well as religious orientation and prejudice. Eight teacher educators met as part of a larger study on white racial identity and praxis. Focus groups and personal interviews were transcribed and analyzed using situational mapping, a postmodern form of grounded theory. Participants discussed four themes that illustrate surveillance and self-discipline: the university, academic culture, religion and whiteness, and sexism. The data reveal participant responses as …


Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter Jan 2011

Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter

Faculty Publications

No abstract provided.


Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce, Judith G. Mcmullen Jan 2011

Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce, Judith G. Mcmullen

Faculty Publications

Over the past few decades, fewer divorcing women have received alimony, and when alimony awards are made, they are in declining amounts and for shorter periods of time. Conventional explanations of this trend focus on legal changes that have made divorces easier to obtain, as well as social changes that have led to larger numbers of married women in the paid workforce, and to greater social tolerance of divorce. Certainly these changes partly explain the downward trend in alimony, but they do not fully explain why alimony awards continue to decline, even among women who do not have viable job …


Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear Jan 2011

Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear

Faculty Publications

Indeterminate sentencing - that is, sentencing offenders to a range of potential imprisonment with the actual release date determined later, typically by a parole board - fell into disrepute among theorists and policymakers in the last three decades of the twentieth century. This sentencing practice had been closely associated with the rehabilitative paradigm in criminal law, which also fell from favor in the 1970’s. In the years that followed, most states eliminated or pared back the various devices that had been used to implement indeterminate sentencing, especially parole release. Yet, sentencing remained indeterminate most places to varying degrees, and now …


From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson Jan 2011

From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson

Faculty Publications

No abstract provided.


"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard Jan 2011

"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard

Faculty Publications

This Article proposes a test to be used in answering an important question that has never received detailed jurisprudential analysis: What happens if a human artifact like a large computer system requests that it be treated as a person rather than as property? The Article argues that this entity should be granted a legal right to personhood if it has the following capacities: (1) an ability to interact with its environment and to engage in complex thought and communication; (2) a sense of being a self with a concern for achieving its plan for its life; and (3) the ability …


The Mental Health Education Integration Consortium (Mhedic): A Community Of Practice Working To Advance School Mental Health, D. Anderson-Butcher, Mark D. Weist Jan 2011

The Mental Health Education Integration Consortium (Mhedic): A Community Of Practice Working To Advance School Mental Health, D. Anderson-Butcher, Mark D. Weist

Faculty Publications

No abstract provided.


Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam Jan 2011

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

Faculty Publications

In the United States, judges are required to recuse themselves - that is, remove themselves from participating in a case - not only when they are biased, but even when they may appear biased to a neutral observer. This nominally strict, appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts. It has long been assumed that so long as the judge makes the correct recusal decision, the appearance of impartiality is restored and the reputation of the judiciary is protected. …


Investigative Deceit, Kevin C. Mcmunigal Jan 2011

Investigative Deceit, Kevin C. Mcmunigal

Faculty Publications

Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …


No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent Jan 2011

No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent

Faculty Publications

The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.


A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson Jan 2011

A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson

Faculty Publications

International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …