Digital Commons Network^™

Picturing Flag Violence In Civil War Sheet Music: The Case Of “Down With The Traitors’ Serpent Flag”, Kenneth Hartvigsen

Faculty Publications

Published in Chicago in 1861, “Down with the Traitors’ Serpent Flag” is one of thousands of political parlor songs from the American Civil War. Many of these songs are unremarkable musically and were preserved in homes, archives, and museum collections largely for their vibrant illustrations. In my presentation I examine this song’s lithographic cover illustration—a Union soldier grinding a Confederate flag into the dust—within a broader discourse of Civil War flag imagery taken from songs, political cartoons, and cartes-de-visite.

Compelling secrets exist within this colorful image that may not first meet the eye; to uncover these meanings along with the …

Accounting For Lease Renewal Options: The Informational Effects Of Unit Of Account Choices, Jeffrey Hales, Shankar Venkataraman, T. Jeffrey Wilks

Faculty Publications

This study examines the informational effects of unit of account choices in the context of a proposed standard on lease accounting. Standard setters have tentatively decided that leases in excess of one year should be recognized on a lessee’s balance sheet, including optional lease periods, even though the lessee can choose not to renew the lease. We argue that this approach lacks representational faithfulness and creates an informational problem for users. Using an experiment, we show that the proposed treatment of renewal options has a negative effect on lenders’ willingness to lend to a firm with renewal options. However, we …

An Approach To Theory-Based Youth Programming, Mat D. Duerden, Ann Gillard

Faculty Publications

A key but often overlooked aspect of intentional, out-of-school-time programming is the integration of a guiding theoretical framework. The incorporation of theory in programming can provide practitioners valuable insights into essential processes and principles of successful programs. While numerous theories exist that relate to youth development practice, they often remain inaccessible to practitioners. Therefore, the goal of this article is to synthesize two theoretical perspectives, the social development model and self-determination theory, into a practitioner-friendly programming framework. The resulting social development programming model outlines specific components, processes, and outcomes of effective and intentional youth development programs.

Psychological Need Satisfaction Through Sports Participation Among International Athletes With Cerebral Palsy, Neil R. Lundberg, Diane G. Groff, Ramon Zabriskie

Faculty Publications

Research indicates that people with disabilities who participate in sports and are physically active rate themselves higher in psychological well-being. The primary purpose of this study was to observe differences in the satisfaction of psychological needs through sports participation based on one’s impairment level. Participants in the study included 50 English-speaking individuals with cerebral palsy who were 18 years of age or older and who were competing in the 2005 World Cerebral Palsy Championship in New Haven, Connecticut. Descriptive statistics were gathered and a simple one-way ANOVA was used to test the differences in psychological need fulfillment. Results indicated a …

Identity Negotiating: Redefining Stigmatized Identities Through Adaptive Sports And Recreation Participation Among Individuals With A Disability, Neil R. Lundberg, Stacy Taniguchi, Bryan P. Mccormick, Catherine Tibbs

Faculty Publications

The purpose of this study was to investigate the meanings and outcomes of adaptive sport and recreation participation among individuals with disabilities. In-depth open-ended interviews were conducted with 17 individuals. Analysis of the data followed qualitative data analysis and classical grounded theory utilizing line by line coding, identification of emergent themes, and identification of a core category grounded in the data. Results indicated that participants felt stigmatized and stereotyped, but their adaptive sports and recreation participation provided them with opportunities to build social networks, experience freedom and success, positively compare themselves with others without disabilities, and feel a sense of …

Outcomes Of Adaptive Sports And Recreation Participation Among Veterans Returning From Combat With Acquired Disability, Neil Lundberg, Jessie Bennett, Shauna Smith

Faculty Publications

The purpose of this study was to examine changes in quality of life, mood states, and sports related competence for veterans of Operation Iraqi Freedom and Operation Enduring Freedom who participated in a therapeutic adaptive sports and recreation program. The researchers hypothesized that participation would lead to increases in physical, psychological, social, and environmental QoL, increases in sports related competence, and reductions in mood disturbances such as depression and anger. A total of 18 veterans participated in one of three week-long therapeutic and adaptive sports programs in Sun Valley Idaho. Veterans responded on a pretest and posttest questionnaire. Because no …

Australian Family Leisure: Modelling Parent And Youth Data, Raymond A. Poff, Ramon Zabriskie, Jasmine A. Townsend

Faculty Publications

The purpose of this study was to test a recently developed broad structural model which examines the relationships between family leisure involvement, family functioning, family communication, family leisure satisfaction, and satisfaction with family life among a large sample of families from Australia (n = 1014). participating families provided responses to family variables from both a parent (n = 902) and an adolescent child (n = 810) in the household. Structural equation modelling was employed and the fit indices from the parent and youth structural equation models were quite similar to each other, with both exhibiting a reasonable fit of the …

Strictly Business: Teacher Perceptions Of Interaction In Virtual Schooling, Charles R. Graham, Abigail Hawkins, Michael K. Barbour

Faculty Publications

This study explored the nature of teacher-student interaction from the perspective of eight virtual school teachers in an asynchronous, self-paced, statewide, supplemental virtual high school. Using intensity sampling, eight teachers who varied across discipline, grade level, and course completion rates were student-initiated and instructional in nature. The main procedural interactions focused on notifications sent to inactive students. Social interactions were minimal and viewed as having little pedagogical value. Institutional barriers such as class size and an absence of effective tracking mechanisms limited the amount and types of interaction teachers engaged in. Study implications and future research are discussed.

Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood

Faculty Publications

Faculty scholarship represents the intellectual life of a law school. To feature our faculty‟s scholarly efforts, the reference staff at Heafey Law Library maintains a database of the published scholarship of full-time faculty and other academic staff currently in residence at Santa Clara Law. This database consists of all publications of faculty through their tenure at Santa Clara. As the law school began to make plans to celebrate its centennial birthday it seemed appropriate for the law library to contribute to the occasion. What more fitting way to mark this historic milestone than to have the library staff create a …

Like Deck Chairs On The Titantic: Why Spectrum Reallocation Won't Avert The Coming Data Crunch But Technology Might Keep The Wireless Industry Afloat, Brian J. Love, David J. Love, James V. Krogmeier

Faculty Publications

Skyrocketing mobile data demands caused by increasing adoption of smartphones, tablet computers, and broadband-equipped laptops will soon swamp the capacity of our nation's wireless networks, afact that promises to stagnate a $1 trillion slice of the nation's economy. Among scholars and policymakers studying this looming "spectrum crisis, " consensus is developing that regulators must swiftly reclaim spectrum licensed to other industries and reallocate those rights to wireless providers. In this interdisciplinaryp iece, we explain in succinct terms why this consensus is wrong. With data demands increasing at an exponential rate, spectrum reallocation plans that promise only linear growth are destined …

Towards A Firm-Based Theory Of Consumption, David Yosifon

Faculty Publications

Corporate theory typically construes consumption activity as involving a series of arms-length, atomistic transactions in which consumers exchange money for discrete corporate goods or services. Canonical accounts expect satisfied consumers to engage in repeat transactions, but the transactions themselves are (implicitly or explicitly) assumed to be isolated, fully contained dealings with the firm. Such a view of consumption supports the inference that consumers can readily manage their own interests in corporate operations through serial decisions to “take it,” “leave it,” repeat, or refuse to repeat patronization of a firm. This assessment plays an important part in justifying American corporate governance …

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal

Faculty Publications

No abstract provided.

Obesity And Overweight Prevalence Among A Mississippi Low-Income Preschool Population: A Five-Year Comparison, Bonnie Harbaugh, Jerome R. Kolbo, Elaine F. Molaison, Geoffrey M. Hudson, Lei Zhang, Danyell Wells

Faculty Publications

Purpose. This study determined 2010 rates of overweight/obesity in a representative sample of low-income preschoolers in Mississippi, USA and compared rates between 2005 (� = 1 2 5 0) and 2010 (� = 1 7 6 5). Significance. Obesity is a significant global health issue because of its well-established negative health consequences. Child obesity is a concern due to risk of early-onset obesity-related illnesses and the longevity of lifetime exposure to those illnesses. Methods. Identical measures were used in 2005 and 2010 with complex-stratified sampling designs. Results. Chi-square tests revealed that overall obesity/overweight rates between 2005 (20.6%/17.9%) and 2010 (20.8%/17.0%) …

Brand Renegades, Jeremy N. Sheff

Faculty Publications

Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia James

Faculty Publications

No abstract provided.

An Implicit Theory Of Self-Esteem: The Consequences Of Perceived Self-Esteem For Romantic Desirability, Virgil Zeigler-Hill, Erin M. Myers

Faculty Publications

The provision of information appears to be an important property of self-esteem as evidenced by previous research concerning the status-tracking and status-signaling models of self-esteem. The present studies examine whether there is an implicit theory of self-esteem that leads individuals to assume targets with higher levels of self-esteem possess more desirable characteristics than those with lower levels of self-esteem. Across 6 studies, targets with ostensibly higher levels of self-esteem were generally rated as more attractive and as more desirable relationship partners than those with lower levels of self-esteem. It is important to note, however, that this general trend did not …

The Partisan And His Doppelganger: The Case Of Primo Levi, Ilona Klein

Faculty Publications

Published in 1982, Se non ora, quando? (If Not Now, When?) is Primo Levi's first novel proper. Perhaps Primo Levi is regretted not fully living life as an Italian Jewish partisan that he re-created his lost dream through its pages, and had his partisan brigade not been captured, perhaps Levi's underground fighting might have continued until the end of the war. If Not Now, When? thus might reflect Levi's need to explore that sought-after life as a partisan, which he had been denied after only three months of activity. Did Live write If Not Now, When? as a …

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

Faculty Publications

This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Clarifying Stereotyping, Kerri Lynn Stone

Faculty Publications

This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …

Substantial Limitations: Reflections On The Adaaa, Kerri Lynn Stone

Faculty Publications

This Article advocates several ways to reform the American with Disabilities Act Amendments Act of 2008 (ADAAA) and its jurisprudence. It begins with the premise that the “otherwise qualified,” “reasonable accommodation,” and “undue hardship” analyses are questions that call for a focus on, respectively, the plaintiff at issue, the accommodation at issue, and the employer at issue. The article calls for the abolition of the need to demonstrate a major life activity limitation required for coverage under the statute in accommodation cases, noting that this has already effectively occurred in the context of the rest of the ADA’s antidiscrimination jurisprudence. …

It’S A Small World After All: Cultural Competence For Advocates In Dispute Resolution Processes, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Cultural competence has become an ethical mandate for all neutrals and advocates who use dispute resolution. Even though conflict is a universal phenomenon, our expression and choice of how to resolve conflict is culture specific. As our world becomes increasingly smaller, and flatter, and our law practices become globalized, ethically responsible attorneys are recalibrating their ethical compass and replacing their ethnocentric lens with a culturally relative lens. Yes, even if you are a New York attorney who disavows any international practice and remains steadfastly tethered to the N.Y. Rules of Professional Conduct, you still need to be culturally competent. …

The Curious Life Of In Loco Parentis At American Universities, Philip Lee

Faculty Publications

In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.

A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan

Faculty Publications

This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …

Biasing Brands, Jeremy N. Sheff

Faculty Publications

The dominant search-costs model of trademark law posits that consumers choose products to satisfy their preferences by analytically mapping those preferences to product information that trademarks efficiently provide. This Article tests these descriptive claims against empirical and theoretical research in marketing and consumer psychology, particularly the concept of "brand equity": the value to a firm or its customers of a brand and of the firm's efforts to build and maintain that brand.

Internally complex brand equity models, juxtaposed with empirical findings in related psychology and marketing research, challenge the descriptive accuracy of the search-costs model. In particular, branding efforts can …

Alcohol Consumption And Risk Of All-Cause And Cardiovascular Disease Mortality In Men, Erin K. Howie, Xuemei Sui, Duck-Chul Lee, Steven P. Hooker, James R. Hébert, Steven N. Blair

Faculty Publications

This study examined the association between consumption of alcoholic beverages and all-cause and cardiovascular disease (CVD) mortality in a cohort of men (n = 31,367). In the Cox proportional hazards model adjusted for age, year of examination, body mass index (BMI), smoking, family history of CVD, and aerobic fitness, there were no significant differences in risk of all-cause mortality across alcohol intake groups. Risk of CVD mortality was reduced 29% in quartile 1 (HR = 0.71, 95% confidence interval (CI): 0.53, 0.95) and 25% in quartile 2 (HR = 0.75, 95% CI: 0.58, 0.98). The amount of alcohol consumed …

Association Between Depression And C-Reactive Protein, Yunsheng Ma, David E. Chiriboga, Sherry L. Pagoto, Milagros C. Rosal, Wenjun Li, Philip A. Merriam, James R. Hébert, Matthew C. Whited, Ira S. Ockene

Faculty Publications

Objective. Depression has been associated with increased cardiovascular disease risk, and a depression-related elevation of high sensitivity C-reactive protein (hs-CRP) has been proposed as a possible mechanism. The objective of this paper is to examine association between depression and high sensitivity C-reactive protein (hs-CRP). Methods. Subjects consisted of 508 healthy adults (mean age 48.5 years; 49% women, 88% white) residing in central Massachusetts. Data were collected at baseline and at quarterly intervals over a one-year period per individual. Multivariable linear mixed models were used to assess the association for the entire sample and by gender. Results. The …

Self-Rated Health Status And Cardiorespiratory Fitness As Predictors Of Mortality In Men, Jennifer Gander, Duck-Chul Lee, Xuemei Sui, James R. Hébert, Steven P. Hooker, Steven N. Blair

Faculty Publications

Self-rated health (SRH) and cardiorespiratory fitness (fitness) are independent risk factors for all-cause mortality. The purpose of this report is to examine the single and joint effects of these exposures on mortality risk. The study included 18 488 men who completed a health survey, clinical examination and a maximal exercise treadmill test during 1987–2003. Cox regression analysis was used to quantify the associations of SRH and fitness with all-cause mortality. There were 262 deaths during 17 years of follow-up. There was a significant inverse trend (p_trend <0.05) for mortality across SRH categories after adjustment for age, examination year, body mass index, physical activity, smoking, alcohol consumption, abnormal ECG, hypertension, hypercholesterolaemia, cardiovascular disease, diabetes and cancer. Adjustment for fitness attenuated the association (p value =0.09). The authors also observed an inverse association between fitness and mortality after controlling for the same covariates and SRH (p_trend = 0.006). The combined analysis of SRH and fitness showed that fit …

Board Diversity And Proxy Disclosure, Thomas Lee Hazen, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

Grounding Conversations On Sexuality And Asian Law, Holning S. Lau

Faculty Publications

No abstract provided.

A Critical Look At The Role Of Technology As A Transformative Agent, Grinell Smith

Faculty Publications

No abstract provided.