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The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith Jan 2009

The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith

Faculty Publications

This Article closely examines civil defendants' use of evidence of a plaintiff's alleged current or prior psychiatric diagnosis or treatment by analyzing and critiquing the three primary rationales offered in support of the relevancy of such evidence: to suggest an alternative or underlying cause of the plaintiff's alleged psychological injuries; to impeach the plaintiff's credibility by asserting that a mental illness interferes with her ability to recount or to perceive events accurately; and to reveal certain propensities that inform how the plaintiff likely acted with respect to the events at issue in the litigation. I note that, while attaching a …

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E-Health Hazards: Provider Liability And Electronic Health Record Systems, Sharona Hoffman, Andy Podgurski Jan 2009

E-Health Hazards: Provider Liability And Electronic Health Record Systems, Sharona Hoffman, Andy Podgurski

Faculty Publications

In the foreseeable future, electronic health record (EHR) systems are likely to become a fixture in medical settings. The potential benefits of computerization could be substantial, but EHR systems also give rise to new liability risks for health care providers that have received little attention in the legal literature. This Article features a first of its kind, comprehensive analysis of the liability risks associated with use of this complex and important technology. In addition, it develops recommendations to address these liability concerns. Appropriate measures include federal regulations designed to ensure the quality and safety of EHR systems along with agency …

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Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish Jan 2009

Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish

Faculty Publications

Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer. Growing interest in pediatric enhancements is likely to stimulate the conduct of enhancement research involving children. However, guidelines for the protection of human subjects were developed for investigations of therapeutic modalities. To date, virtually no attention has been paid to whether these rules would be appropriate for investigations to establish the safety and efficacy of technologies intended for enhancement rather than therapeutic uses and, …

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Judgment, Identity, And Independence, Cassandra Burke Robertson Jan 2009

Judgment, Identity, And Independence, Cassandra Burke Robertson

Faculty Publications

Whenever a new corporate or governmental scandal erupts, onlookers ask "Where were the lawyers?" Why would attorneys not have advised their clients of the risks posed by conduct that, from an outsider's perspective, appears indefensible? When numerous red flags have gone unheeded, people often conclude that the lawyers' failure to sound the alarm must be caused by greed, incompetence, or both. A few scholars have suggested that unconscious cognitive bias may better explain such lapses in judgment, but they have not explained why particular situations are more likely than others to encourage such bias. This article seeks to fill that …

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Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman Jan 2009

Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman

Faculty Publications

Many federal, state, local and private entities are investing significant resources in disaster readiness initiatives. Often disregarded, however, are the special needs of vulnerable populations during disasters. In the context of emergencies, vulnerable groups may include individuals with disabilities, pregnant women, children, the elderly, prisoners, members of ethnic minorities, people with language barriers, and the impoverished. The fate of the disadvantaged during disasters has received little attention in the legal literature, and this article begins to fill that gap. It examines ethical theories of distributive justice and existing federal and state civil rights and emergency response laws and argues that …

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An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee, Eric D. Derosia, Glenn L. Christensen Jan 2009

An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee, Eric D. Derosia, Glenn L. Christensen

Faculty Publications

This article analyzes the taxonomy of trademark distinctiveness that has long been endorsed in the courts and scholarly commentary. This distinctiveness scale is routinely justified on the basis of an assumption about consumer psychology: that consumers perceive suggestive, arbitrary, or fanciful marks as source-indicating, but see descriptive marks as "merely descriptive." Although this core premise of trademark law is a fundamental matter of consumer psychology, it has never been subjected to scrutiny under the light of consumer psychology theory and empirical analysis. We offer a consumer psychology model for questioning the law of distinctiveness (or "source indication") and then test …

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Investigating The Presuppositional Realm Of Biblical-Theological Methodology: Part 1: Dooyeweerd On Reason, Oliver Glanz Jan 2009

Investigating The Presuppositional Realm Of Biblical-Theological Methodology: Part 1: Dooyeweerd On Reason, Oliver Glanz

Faculty Publications

No abstract provided.

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Linguistic Moments: Language, Teaching, And Teacher Education In The U.S., Brandon Lavada, Denise Marie Baszile, Theodorea Berry Jan 2009

Linguistic Moments: Language, Teaching, And Teacher Education In The U.S., Brandon Lavada, Denise Marie Baszile, Theodorea Berry

Faculty Publications

No abstract provided.

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Adolescent Religiosity As A Protective Factor For Delinquency: Review Of Evidence And A Conceptual Framework For Future Research, Robert D. Laird, Matthew D. Marrero, Loren D. Marks Jan 2009

Adolescent Religiosity As A Protective Factor For Delinquency: Review Of Evidence And A Conceptual Framework For Future Research, Robert D. Laird, Matthew D. Marrero, Loren D. Marks

Faculty Publications

The first section of this chapter reviews evidence showing that although greater religiosity has been associated with less involvement in delinquent and analogous behaviors, the mechanisms and processes through which religiosity is linked too delinquent behavior are not well understood. In the second section of the chapter, a conceptual framework and theory for studying the religion-delinquency association will be presented. The framework adapts and builds on Gottfredson and Hirschi's (1990) General Theory of Crime. The third section of the chapter presents results off the initial study guided by the framework. Data are drawn from a longitudinal study of development during …

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Ten Scalability Factors In Distance Education, R. Dwight Laws, Scott L. Howell, Nathan K. Lindsay Jan 2009

Ten Scalability Factors In Distance Education, R. Dwight Laws, Scott L. Howell, Nathan K. Lindsay

Faculty Publications

The institutional decision about how much technology should be used to scale distance education enrollments, reduce costs, maximize profits, and protect course and program quality is both institutional specific and complex. Guri-Rosenblit (1999) noted that “many conventional universities worldwide operate as large-scale universities and are in a continuous search to find the right balance between massification trends, quality education, and the catering to the individual needs of students” (p. 289). This research is an outgrowth of the authors’ own efforts to identify relevant scalability factors and their interrelationship one to another in a traditional university’s distance education program.

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Variability In L2 Acquisition Across L1 Backgrounds, Dan P. Dewey, Malena Weitze, Jeremiah Mcghee, C. Ray Graham, Dennis Eggett Jan 2009

Variability In L2 Acquisition Across L1 Backgrounds, Dan P. Dewey, Malena Weitze, Jeremiah Mcghee, C. Ray Graham, Dennis Eggett

Faculty Publications

For a number of decades now, a widely accepted belief of language acquisition researchers is the so called natural order hypothesis (Dulay, Burt, & Krashen, 1982; Ellis, 1994; Larsen-Freeman & Long, 1991). According to this hypothesis, certain grammatical morphemes emerge in a universal order in learners of English as a second language. Most of the data collection in this line of research was done in the 1970’s against a backdrop of theory which espoused the notion of L1 transfer to L2 acquisition on the one hand and a universal grammar perspective on the other. Most dealt with oral language production …

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See That Ye Do Them, John Hilton Iii Jan 2009

See That Ye Do Them, John Hilton Iii

Faculty Publications

A young man went to institute the day before Thanksgiving. During the class, the teacher used several different methods to teach the topic of gratitude. At the end of the class the teacher challenged the students to take something from the class and teach it to their families or friends the following day. Although this young man was not living at home, he taught a lesson to the people he was living with. He later reported, “My Thanksgiving lesson was awesome! Everybody loved it!”

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Insights From Research On Distance Education Learners, Learning, And Learner Support, Richard E. West Jan 2009

Insights From Research On Distance Education Learners, Learning, And Learner Support, Richard E. West

Faculty Publications

This article reviews the key ideas related to increasing student learning and support described in selected chapters from the second edition of the Handbook of Distance Education (Moore 2007). These chapters described research findings related to the impact of distance education on learners in general (student autonomy, cognition, social learning, and satisfaction), as well as specific subgroups of distance students and instructors (K-12, female, and disabled students as well as academic advising and library services). This article concludes with brief recommendations for future research in each of these areas.

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‘Preflections’ From The Class Of 2008 Aect Conference Interns, Richard E. West, Jeongmin Lee, Raymond Pastore, Mengqiao Xu, Cindy S. York Jan 2009

‘Preflections’ From The Class Of 2008 Aect Conference Interns, Richard E. West, Jeongmin Lee, Raymond Pastore, Mengqiao Xu, Cindy S. York

Faculty Publications

In 1978, Earl F. Strohbehn, professor of education at San Jose State University, established a trust fund through the ECT Foundation to help support a deserving graduate student's attendance at the Lake Okoboji [Iowa] Leadership presentation. His mentor and friend, Lee Cochran inspired the Okoboji presentation to develop leaders in the field of educational communications and technology. Earl Strohbehn began his profession in the audiovisual field in 1945 as Director of Audiovisual Services in the Cedar Falls, Iowa Public Schools. It was his wish that in the event the Lake Okoboji presentation was discontinued, his donation would be used to …

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Acoustic And Spectral Patterns In Young Children’S Stop Consonant Productions, Shawn L. Nissen, Robert Allen Fox Jan 2009

Acoustic And Spectral Patterns In Young Children’S Stop Consonant Productions, Shawn L. Nissen, Robert Allen Fox

Faculty Publications

The aim of this study was to examine the acoustic and spectral patterns of stop articulation in the speech of pre-pubescent children. A set of voiceless stop consonants, /ptk/, produced by a group of adults and typically developing children 3–5 years of age were examined in terms of multiple acoustic and spectral parameters. Findings indicated that, with the exception of spectral kurtosis, the acoustic and spectral characteristics of the stop productions varied significantly as a function of place of articulation and vowel context. Sex-specific differences in spectral slope, mean, and skewness were found for the 5-year-old and adult speakers. Such …

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How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins Jan 2009

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Faculty Publications

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …

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Jail Visitation: An Assessment Of Organizational Policy And Information Availability, Alicia H. Sitren, Hayden P. Smith, Brandon K. Applegate, Laurie A. Gould Jan 2009

Jail Visitation: An Assessment Of Organizational Policy And Information Availability, Alicia H. Sitren, Hayden P. Smith, Brandon K. Applegate, Laurie A. Gould

Faculty Publications

Jail inmates face substantial emotional, economic, legal, and other challenges when they are incarcerated. The extent to which they are able to maintain contacts with individuals on the outside can substantially determine how well they cope with these concerns, and visitation is the primary way that such links may be maintained. To date, no systematic assessment of jail visitation policies has been conducted. The current study examined the availability of visitation policy information and the content of policies for national samples of large and small jails. The results suggest that large jails provide more opportunities for visitation and that they …

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A Field-Based Testing Protocol For Assessing Gross Motor Skills In Preschool Children: The Children's Activity And Movement In Preschool Study Motor Skills Protocol, Harriet G. Williams, Karin A. Pfeiffer, Marsha Dowda, Chevy Jeter, Shaverra Jones, Russell R. Pate Jan 2009

A Field-Based Testing Protocol For Assessing Gross Motor Skills In Preschool Children: The Children's Activity And Movement In Preschool Study Motor Skills Protocol, Harriet G. Williams, Karin A. Pfeiffer, Marsha Dowda, Chevy Jeter, Shaverra Jones, Russell R. Pate

Faculty Publications

The purpose of this study was to develop a valid and reliable tool for use in assessing motor skills in preschool children in field-based settings. The development of the Children’s Activity and Movement in Preschool Study Motor Skills Protocol included evidence of its reliability and validity for use in field-based environments as part of large epidemiological studies. Following pilot work, 297 children (3–5 years old) from 22 preschools were tested using the final version of the Children’s Activity and Movement in Preschool Study Motor Skills Protocol and the Test of Gross Motor Development (2nd Edition). Reliability of the Children’s Activity …

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Health Literacy In The Mathematics Classroom: The Iowa Core Curriculum As An Opportunity To Deepen Students’ Understanding Of Mathematics, Elana Joram, Susan Roberts-Dobie, Nadene Davidson Jan 2009

Health Literacy In The Mathematics Classroom: The Iowa Core Curriculum As An Opportunity To Deepen Students’ Understanding Of Mathematics, Elana Joram, Susan Roberts-Dobie, Nadene Davidson

Faculty Publications

By 2012, all high schools in Iowa will be required to incorporate the new Iowa Core Curriculum, followed by elementary and middle schools in 2014 (Iowa Department of Education, 2009). The Iowa Core Curriculum addresses the question: "How is Iowa's educational system preparing our youth for successful lives in the 21st-century global environment?" (Davidson, 2009). It consists of core content standards, and identifies essential concepts and skills for content areas. The Iowa Core Curriculum also includes the ―21st Century Skills‖ of ―health, financial, technology, and civic literacy, and employability skills. These skills are to be infused into existing subject matter …

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Information In Isolation: Gossip And Rumor During The Uk 2001 Foot And Mouth Crisis – Lessons Learned, Christine Hagar Jan 2009

Information In Isolation: Gossip And Rumor During The Uk 2001 Foot And Mouth Crisis – Lessons Learned, Christine Hagar

Faculty Publications

The 2001 foot and mouth disease (FMD) outbreak con stituted the biggest crisis ever to affect the UK farming system; it was one of the worst epidemics of its kind in the world. Farmers and rural communities were disrupted and traumatized as FMD spread rapidly through the whole of the country. The crisis unfolded as a series of information and communication problems, primarily from government to farmers, with consequences for action in a time of crisis. Farmers needed information at the different stages of the crisis to inform them about the various processes and procedures that had to be carried …

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Supporting Youth Boundary Crossing: Intertextuality As A Component Of Design For Information And Visual Literacy, Kristen Rebmann (Clark) Jan 2009

Supporting Youth Boundary Crossing: Intertextuality As A Component Of Design For Information And Visual Literacy, Kristen Rebmann (Clark)

Faculty Publications

This article charts attempts to derive a theoretically guided approach to engaging children in boundary crossing toward literacies and practices associated with the Age of Information. Using Fifth Dimension (5D) afterschool programs as laboratories for informal learning design, interventions were designed to explore the extent to which youth cultures and literacies can be used as intertextual gateways to more educative practices associated with visual and information literacy. Intertextuality is introduced as a concept to consider the relevance of using semantic relationships between popular and educative texts to inform learning design for afterschool programming.

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The Future Of Neuroimaged Lie Detection And The Law, Joelle A. Moreno Jan 2009

The Future Of Neuroimaged Lie Detection And The Law, Joelle A. Moreno

Faculty Publications

No abstract provided.

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The Influence Of Seller Strategy On The Winning Price In Online Auctions: A Moderated Mediation Model, Kristy E. Reynolds, James H. Gilkeson, Ronald W. Niedrich Jan 2009

The Influence Of Seller Strategy On The Winning Price In Online Auctions: A Moderated Mediation Model, Kristy E. Reynolds, James H. Gilkeson, Ronald W. Niedrich

Faculty Publications

This paper examines the impact of seller strategy on winning prices in online auctions. In our conceptual model, three strategic choices made by the seller - minimum opening price, auction length, and use of a hidden reserve price - are mediated by the number of bids placed during the auction and moderated by product type. Our tests analyze eBay auction data for four consumer products through two matched studies (two products per study). In particular, we compare products for which value is easily determined with those for which value is less clear. Overall, we find strong evidence of the effects …

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Conducting Social Cognition Research In Is: A Methodology For Eliciting And Analyzing Social Representations, Yoonhyuk Jung, Suzanne D. Pawlowski, Sonja Wiley-Patton Jan 2009

Conducting Social Cognition Research In Is: A Methodology For Eliciting And Analyzing Social Representations, Yoonhyuk Jung, Suzanne D. Pawlowski, Sonja Wiley-Patton

Faculty Publications

This paper presents a methodology for socio-cognitive research based on the theory of social representations. Elements of the methodology include:1) data elicitation through free word association; 2) content analysis/coding to identify key concepts in the social representation; 3) analysis of the structure of the representation using analysis of similarity and core/periphery analysis; 4) correspondence analysis to place the concepts on a perceptual space; and 5) interpretation of the social representation. The methodology is demonstrated in use through a study examining early sense-making about electronic health records (EHRs). Analysis of qualitative survey data from 190 students identified 22 concepts forming the …

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Review Essay: Toward A Science Of Morality, David A. Jensen Jan 2009

Review Essay: Toward A Science Of Morality, David A. Jensen

Faculty Publications

An ongoing discussion in the history of ethics and philosophy involves how the natural sciences, or, alternatively, naturalistic assumptions, might inform particular ethical issues and ethical theory in general. In this respect, two recent books—The Ethical Brain: The Science of Our Moral Dilemmas by Michael S. Gazzaniga, and Moral Minds: The Nature of Right and Wrong by Marc D. Hauser—belong to a seasoned tradition that attempts to reconcile these seemingly divergent forms of thinking. These books focus, in particular, on the emerging developments in neuroscience, evolutionary biology, cognitive psychology, and other related areas. Both authors believe these developments can offer …

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Social Ties And Cardiovascular Function: An Examination Of Relationship Positivity And Negativity During Stress, Wendy C. Birmingham, Bert N. Uchino, Timothy W. Smith, Kathy C. Light, David M. Sanbonmatsu Jan 2009

Social Ties And Cardiovascular Function: An Examination Of Relationship Positivity And Negativity During Stress, Wendy C. Birmingham, Bert N. Uchino, Timothy W. Smith, Kathy C. Light, David M. Sanbonmatsu

Faculty Publications

The quality and quantity of one’s relationships have been reliably linked to morbidity and mortality. More recently, studies have focused on links between relationships and cardiovascular reactivity as a physiological mechanism via the stress-buffering hypothesis. However, not all social relationships are consistently positive which points to the importance of a more comprehensive examination of relationship that includes negative qualities. In this study, we manipulated relationship positivity and negativity with an experimenter and examined its influence on cardiovascular reactivity. Results revealed that relationship positivity was associated with lower systolic blood pressure (SBP) reactivity for men and women. Relationship negativity, on the …

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Variability In L2 Acquisition Across L1 Backgrounds, Malena Weitze, Jeremiah Mcghee, C. Ray Graham, Dan Dewey, Dennis L. Eggett Jan 2009

Variability In L2 Acquisition Across L1 Backgrounds, Malena Weitze, Jeremiah Mcghee, C. Ray Graham, Dan Dewey, Dennis L. Eggett

Faculty Publications

For a number of decades now, a widely accepted belief of language acquisition researchers is the so called natural order hypothesis (Dulay, Burt, & Krashen, 1982; Ellis, 1994; Larsen-Freeman & Long, 1991). According to this hypothesis, certain grammatical morphemes emerge in a universal order in learners of English as a second language. Most of the data collection in this line of research was done in the 1970’s against a backdrop of theory which espoused the notion of L1 transfer to L2 acquisition on the one hand and a universal grammar perspective on the other. Most dealt with oral language production …

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Successfully Incorporating Writing Across The Curriculum With Advanced Writing In Nursing, Karlen E. Luthy, Neil E. Peterson, Jane H. Lassetter, Lynn C. Callister Jan 2009

Successfully Incorporating Writing Across The Curriculum With Advanced Writing In Nursing, Karlen E. Luthy, Neil E. Peterson, Jane H. Lassetter, Lynn C. Callister

Faculty Publications

The purpose of this article is to explain the concepts of Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn, and to describe the incorporation of advanced writing into a baccalaureate nursing program and provide suggestions for accessing resources and promoting success. The goals of incorporating Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn concepts into nursing curriculum are to assist nursing students to achieve competence in clinically relevant writing assignments; to demonstrate critical thinking and communication skills, both oral and written; to execute useful literature searches; to read and understand research reports; …

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Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris Jan 2009

Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris

Faculty Publications

Knowledge related to the effective use of educational technologies has become widely recognized as an important aspect of an educator’s knowledge-base for the 21st Century (ISTE, 2008; National Council for Accreditation of Teacher Education, 1997; Partnership for 21st Century Skills, 2003). Early in the history of educational technology, educators were taught in technology classes that focused primarily on technology skills independent from the pedagogical or content courses (Graham, Culatta, Pratt, & West, 2004; Hargrave & Hsu, 2000; Willis & Mehlinger, 1996). Educators soon recognized that technology skills alone did not serve them well because one could know how to operate …

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A Behavioral Analysis Of Passphrase Design And Effectiveness, Mark Keith, Benjamin Shao, Paul Steinbart Jan 2009

A Behavioral Analysis Of Passphrase Design And Effectiveness, Mark Keith, Benjamin Shao, Paul Steinbart

Faculty Publications

Although the use of multiple methods of user authentication for IT system increases security, passwords are often the only credential required for access. Consequently, the challenge is to discover ways to improve password strength without impairing usability. Longer pass “phrases” have received increased attention as a solution to this challenge because they are potentially more resistant to attacks yet are easy to remember. Recent evidence, however, suggests that passphrases increase the likelihood of typographical errors resulting in login failures and negative user perceptions. This paper presents experimental results that demonstrate well-designed passphrases do not increase login failures and, thereby, generate …

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