Digital Commons Network^™

Disparities In Self-Reported Postpartum Depression Among Asian, Hawaiian, And Pacific Islander Women In Hawai‘I: Pregnancy, Risk, Assessment, And Monitoring System (Prams), 2004-2007, D. K. Hayes, Van M. Ta Park, E. Hurwitz, K. M. Mitchell-Box, L. J. Fuddy

Faculty Publications

Postpartum depression affects 10–20% of women and causes significant morbidity and mortality among mothers, children, families, and society, but little is known about postpartum depression among the individual Asian and Pacific Islander racial/ethnic groups. This study sought to identify the prevalence of postpartum depression among common Asian and Pacific Islander racial/ethnic groups. Data from the Hawaii Pregnancy Risk Assessment and Monitoring System (PRAMS), a population-based surveillance system on maternal behaviors and experiences before, during, and after the birth of a live infant, were analyzed from 2004 through 2007 and included 7,154 women. Questions on mood and interest in activities since …

Trends In Alcohol Use Among Hawai‘I Adolescents, Van M. Ta Park, D. S. Kittinger, L. A. Pham, R. J. Williams, L. N. Eller, C. R. Nigg

Faculty Publications

It is important to review trends in youth alcohol use over time in order to effectively tailor prevention programs to address those trends. This article reviews data on alcohol use behaviors from the Centers for Disease Control and Prevention's Youth Risk Behavior Survey in Hawai‘i from 1993 to 2007. Five alcohol use indicators were examined and stratified by grade level, from 9th grade through 12th grade. Significant drops in nearly all indicators are seen among 9th through 11th graders, but not among 12th graders. This suggests that Hawai‘i youth are responding well to anti-alcohol messaging as young teens, but a …

Introduction: Thoughts And Ideas On The Intersectionality Of Identity, Theodorea Berry, Michelle Jay, Marvin Lynn

Faculty Publications

An introduction to the journal is presented which the editor discusses an article on critical race feminism by Venus E. Evans-Winters and Jennifer Esposito, a report on critical race theory and critical pedagogy and a review of literature on the educational experiences of Latinas and Latinos in the U.S.

Kernel Density Estimation Of Tropical Cyclone Frequencies In The North Atlantic Basin, Robert Rohli

Faculty Publications

No abstract provided.

Why Do We Need A Lawyer?: An Empirical Study Of Divorce Cases, Judith G. Mcmullen, Debra Oswald

Faculty Publications

There has been a steady increase in the number of self-represented divorce litigants in recent years. Do divorcing couples just want to save money, or are other factors at play in the decision to go pro se in one’s divorce? This article looks at a random sample of 567 divorce cases in Waukesha County, Wisconsin, where a higher-than-average median income suggests that inability to afford a divorce lawyer is not the only factor in the decision to self-represent.

The article examines characteristics of litigants that are associated with proceeding pro se, and examines the length of the divorce process and …

Oral History And The Study Of The Judiciary, Chad M. Oldfather

Faculty Publications

This essay, which is a review of William Domnarski’s “Federal Judges Revealed” (Oxford University Press, 2008), explores the usefulness of oral history as a vehicle for understanding the judiciary. “Federal Judges Revealed” presents the insights gleaned from a study of over 100 oral histories given by Article III judges, ranging across the span of the judges’ lives. The essay first explores the methodological strengths and weaknesses of oral history as a general matter, and then further develops the analysis through a review of three oral histories given by the late Seventh Circuit Judge Thomas Fairchild. The essay then turns specifically …

The Beginning Of The End For Life Without Parole?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Encouraging Savings Under The Earned Income Tax Credit: A Nudge In The Right Direction, Vada Waters Lindsey

Faculty Publications

During 2007, 3.6 million or 9.7% of people in the United States age 65 or older were below the poverty level. In light of the number of elderly people living below the poverty level, it is important that everyone, including low-income workers, have the opportunity to save for retirement. Low-income workers face many challenges to saving for retirement. The barriers to saving include the lack of access to retirement plans and lack of investment savvy. For example, only 42% of workers employed in service occupations in the private industry have access to employer retirement plans. The percentage drops to 39% …

If You Speak Up, Must You Stand Down: Caperton And Its Limits, Richard M. Esenberg

Faculty Publications

No abstract provided.

Cultural Cognition At Work, Paul M. Secunda

Faculty Publications

Cultural cognition theory provides an anthropological- and psychological-based theory about how values actually influence judicial decisionmaking. It suggests that values act as a subconscious influence on cognition rather than as a self-conscious motive of decisionmaking.

Applying these insights to two controversial United States Supreme Court labor and employment decisions, this Article contends that judges, in many instances, are not fighting over ideology, but rather over legally consequential facts. This type of disagreement is particularly prevalent in labor and employment law cases where the factual issues that divide judges involve significant uncertainty and turn on inconclusive evidence.

This distinction between ideology …

Targeted Reform Of Commercialized Intercollegiate Athletics, Matthew J. Mitten, James L. Musselman, Bruce W. Burton

Faculty Publications

This Article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

What Travels: Teaching Gender In Cross Cultural Negotiation Classrooms, Andrea K. Schneider, Sandra Cheldelin, Deborah Kolb

Faculty Publications

No abstract provided.

Recklessness In Context: Individual And Situational Correlates To Aggressive Driving, Paul B. Harris, John M. Houston

Faculty Publications

Traffic-related injury and fatality are major health risks in the United States and worldwide. One contributor to road accidents is unsafe and aggressive driving practices. We examined individual and situational aspects of aggressive driving by having 152 undergraduate students complete self-report measures. Aggressive driving was related to personality variables, such as hostility, sensation seeking, and competitiveness, as well as to social variables such as driving without passengers and characteristics of the target vehicle (e.g., passengers, age, and status of driver), environmental variables (e.g., type of road, traffic, and weather), and temporal variables (e.g., time pressure and time of day).

Why Did China Reform Its Death Penalty?, Kandis Scott

Faculty Publications

China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.

School, Community And Clinical Psychology Training And Working Together In The Interdisciplinary School Mental Health Field, Mark D. Weist, C. Mills, S. Huebner, B. Smith, A. Wandersman

Faculty Publications

No abstract provided.

Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler

Faculty Publications

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …

Toward A Feminist Revision Of Torts, Jennifer Wriggins

Faculty Publications

The essay explains reasons why tort law deserves more attention from feminists than it has received. For example, although tort law does not talk much about equality or discrimination, it talks about changing behavior, injury, and harms, all central concerns of feminists. Race and gender have affected the application of legal concepts such as duty, harm, and injury. Race and gender have also affected the recognition of injury.

The essay first explores two previously little-known appellate tort cases, Gulf, Colorado & Santa Fe Railway v. Luther, 90 S.W. 44 (Tex. Civ. App. 1905) and Bullock v. Tamiami Trail Tours, Inc., …

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

Faculty Publications

Using a public health policy perspective, this article examines the persistence of racial inequities in nursing homes and prescribes a solution to address these inequities. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to …

Scientific Fraud, Paul C. Giannelli

Faculty Publications

Although scientific fraud is rare, when it occurs, it needs to be identified and documented. This article discusses two of the most notorious cases in forensic science. Part I focuses on the misconduct of Fred Zain, a serologist with the West Virginia State Police crime laboratory and later with the County Medical Examiner’s laboratory in San Antonio, Texas. Part II examines the misconduct of Joyce Gilchrist, a forensic examiner with the Oklahoma City Police Department.

Independent Crime Laboratories: The Problem Of Motivational And Cognitive Bias, Paul C. Giannelli

Faculty Publications

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 22, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s …

Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance

Faculty Publications

For at least two centuries, Anglo-American courts have responded to a party's evidence tampering by allowing the opponent to argue to jurors that they should draw an adverse inference against the offending party in deciding the merits of the case. This Article argues that the use of such inferences, and invitations to draw them, should be radically curtailed, not only because of the ambiguities and risks of prejudice that such inferences entail, but more importantly because they reflect and contribute to a confusion of roles in which the jury is enlisted to participate in the management of the pre-trial conduct …

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …

Investigating The Presuppositional Realm Of Biblical-Theological Methodology: Part 4: Critique And Transformation, Oliver Glanz

Faculty Publications

No abstract provided.

Who Is Speaking? Who Is Addressed? A Critical Study Into The Conditions Of Exegetical Method And Its Consequences For The Interpretation Of Participant Reference-Shifts In The Book Of Jeremiah, Oliver Glanz

Faculty Publications

No abstract provided.

Invocations And Intoxication: Does Prayer Decrease Alcohol Consumption?, Nathaniel M. Lambert, Frank D. Fincham, Loren D. Marks, Tyler F. Stillman

Faculty Publications

Four methodologically diverse studies (N = 1,758) show that prayer frequency and alcohol consumption are negatively related. In Study 1 (n = 824), we used a cross-sectional design and found that higher prayer frequency was related to lower alcohol consumption and problematic drinking behavior. Study 2 (n = 702) used a longitudinal design and found that more frequent prayer at Time 1 predicted less alcohol consumption and problematic drinking behavior at Time 2, and this relationship held when controlling for baseline levels oof drinking and prayer. In Study 3 (n = 117), we used an experimental …

The Relationship Among Couple Relationship Quality, Physical Functioning, And Depression In Multiple Sclerosis Patients And Partners, Justin K. Mcpheters, Jonathan G. Sandberg

Faculty Publications

Using Engel's biopsychosocial model and family systems theory, this study explored the associations between multiple sclerosis (MS) patient and partner reports of physical functioning, depression, and could relationship quality. Fifty-four couples recruited from the MS society completed self-reported questionnaires about couple relationship quality, demographic data, and physical functioning. In regression analyses, couple relationship quality positively related to MS patient physical functioning and depression negatively related to MS patient physical functioning. Both MS patient and partner reports of couple relationship quality negatively related to depression scores in partners. While MS patient reports of couple relationship quality negatively related to MS patient …

Exploring Diverse Settings For Language Acquisition And Use: Comparing Study Abroad, Service Learning Abroad, And Foreign Language Housing, Wendy Baker, Rob A. Martinsen, Dan P. Dewey, Jennifer Brown, Cary Johnson

Faculty Publications

This study compared the amount of the second language (L2) use and linguistic gains made by students in three short‑term language immersion programs: (1) traditional study abroad, (2) service-oriented study abroad, and (3) foreign language (FL) housing. These were chosen because they represent three distinct program types, providing students with different ways of interacting in the target language and different types and amounts of contact with native speakers. This allowed us to evaluate relationships between study setting, language use, and language gains. Learners completed language logs detailing their use of the L2 as well as pre- and post-immersion oral tests …

Multiple Pathways To Functional Impairment In Obsessive–Compulsive Disorder, Scott A. Baldwin, Yeraz Markarian, Michael J. Larson, Mirela A. Aldea, Daniel Good, Arjan Berkeljon, Tanya K. Murphy, Eric E. Storch, Dean Mckay

Faculty Publications

Obsessive–compulsive disorder (OCD) is a chronic and debilitating condition that is relatively common in both children and adults, and it is associated with a wide range of functional impairments. Mental health researchers and practitioners have placed considerable attention on OCD over the past two decades, with the goal of advancing treatment and understanding its etiology. Until recently, it was unknown to what extent this disorder was associated with functional impairment. However, recent research shows that the condition has significant social and occupational liabilities. This article discusses etiology, common symptom presentations (including comorbid and ancillary symptoms), basic OCD subtypes, neuropsychological functioning, …

Alcohol Response And Consumption In Adolescent Rhesus Macaques: Life History And Genetic Influences, Melanie L. Schwandt, Stephen G. Lindell, Scott Chen, James Dee Higley, Stephen J. Suomi, Markus Heilig, Christina S. Barr

Faculty Publications

The use of alcohol by adolescents is a growing problem and has become an important research topic in the etiology of the alcohol use disorders. A key component of this research has been the development of animal models of adolescent alcohol consumption and alcohol response. Due to their extended period of adolescence, rhesus macaques are especially well-suited for modeling alcoholrelated phenotypes that contribute to the adolescent propensity for alcohol consumption. In this review, we discuss studies from our laboratory that have investigated both the initial response to acute alcohol administration and the consumption of alcohol in voluntary self-administration paradigms in …

Argument Constructions And Language Processing: Evidence From A Priming Experiment And Pedagogical Implications, David Eddington, Francisco Ruiz De Mendoza

Faculty Publications

The notion of argument construction is widely accepted in Cognitive Linguistics circles as a highly explanatory theoretical construct. It has recently been incorporated into the Lexical-Constructional Model (LCM; Ruiz de Mendoza and Mairal 2007, 2008), a theoretical approach to meaning construction that integrates argument constructions into a broader model that incorporates meaning dimensions traditionally dealt with in the domain of pragmatics and discourse analysis. The LCM has an argument level of description, in the form of constructional templates, which are in general equivalent to the argument constructions postulated in Goldberg’s (1995, 2006) Construction Grammar, although there are crucial differences in …